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HomeMy WebLinkAboutLegislation: The Brown Act 1961-1985 Thomas R. Curry City Attorney City of Livermore California City Clerks Association 1985 Annual Conference - Oakland GETTING STRAIGHT SMITH THE BROWN ACT I. THE PRELIMINAME5 A. QUO VADIS One thing on which all of us in Municipal Government can agree is that we live at a time in which we are increasingly required to justify the worth of our endeavors. The question naturally arises, therefore, as to why we need another parer on the Brown Act. Well , let me try to explain. I do not believe that there is much question that one of the main tools necessary for inclusion in any municipal attorney's "fix -it-kit" is a brsic knowledge of the Ralph M. Brown Act. Total ignorance of i4s provisions would, at E best, place the average City Attorney in a position of acute f. embarrassment. Givea the general. subject matter of the Act (Council Meeting procedures) , we frequently do not have the opportunity to defer the answers to questions which inevitably and frequently arise. Thus, this paper. The reach of the Brown Act goes. fdr beyond the confines of our favorite local governmental entity. This paper, however, will primarily be limited to the impact of the Brown Act on cities. Contemporary theory on correct public administration practice tells us that, before embarking on a task, we need to determine goals and objectives. Presumptuous though it may be, my objectives for this paper are to: (1) Organize the various provisions into a more comprehen- sible form. (2) .Andlyze, or at least raise, those issues which occur r with greatest frequency or which are most significant to the City Attorney. _ L My goal is no less presumptuous, to provide you with a document that is sufficiently definitive ..nd yet compact that it can us^fully be carried into the Council chamber. . It is my hope that the topics presented in this paper coincide with those found in the Brown Act. To that end and after the proper introductions have been made, we will be discussing in order (1) the basic open meeting provision, together with pertinent definitions; (2) exceptions to the open meeting requirements; (3) cLher procedural requirements; and (4) remedies. B. A BIT OF HISTORY No one has ever adequately explained the politica3 phenomenon known as the "California Browns". At least two Gover-rnors, a host of Assemblymen and State Senators, numerous state Administrative officials, members of City Counr-ils and even a Planning Director or two have shared the name. Suffice it to say for our purposes that in 1953, Assemblyman Ralph M. Brown introduced, the state legislature adopted, and the Governor aigned, California's first comprehensive open meeting law (Chapter 1588, Statutes, 1953) . To honor its principal author, the legislature eventually changed the official title to the "Ralph M. Brown Act" (Government Code Section Ln the over thirty years since its enactment, the Act has undergone a number of legislative revisions and has, of course, received its fair share of judicial interpretation. It has also been the subject of an unusually large number of opinions Lry the California Attorney Genaral. Por the most . part, these revisions and interpretations have confirmed the original description of the Brown Act as one of the strictest open meeting laws in the United States. Co INTENTS AND PURPOSES I� I It is sometimes difficult to divine the legislative intent of a particular law. This could be the result of either intentional or unintentional conduct on the part of the state legislature. No such difficulty, however, exists in connection with the Brown Act. *All code references are to the Government Code unless otherwise indicated. The Ralph M. Brown Act will also bE referred to as the "Brown Act" and the "Act" . _2_ Section 54950 states: "In enacting this chapter, the legislature finds and declares that the Public Commission, Boards, and Councils and the other public agencies in this state exist to aid in the conduct of thu People' s business. It is the intent c.Ac the law that their actions be taken openly and tnat their d,-libera- tions be conducted openly. The people of this state co not yield their sovereignty to the agencies which serve them. The People, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what ;s not good for them to know. The People insist on remaining informed so that they retain control over the instruments then have created." This section was part of the original bill ant] has not been amended since that time. Give; such a clear statement by the • legislature, it is not surprising that the Courts have relied very heavily on Section 54950 in interpreting the various provisions of the Act. II. LET TOE SUN SHIN rN R. BACX TO BASICS One of the things thet has always struck me about the Brown Art is that the basic operating provision on open mee_inga is found in one section - a section which itself is rather obscurely located in the middle of the Act. Section 54953 provides: "All meetings of the legislative body of a local agency shall be open in public, and all persons shall be permitted to attend any meetings of the legislative body of a local agency, except as otherwise provided in this chapter" . As with Fectior. 54950, thin sec� ion was included in the original bill and has not been amended since its enactm?nt. So, :what's all the fuss about? The heart oT the Brown Act is a simple, one sentence section. obviously, however, questions arise. What is a local agency? What is a legislative body? What is. a meeting? What in the world does "except as otherwise pruvided. . ." mean? Pray, let us continue. -3- • 1 B. LOCAL AGENCY Section ;4951 iefines "local agency" to mean ". . .a county, city, whether general law or chartered city and county, town, school district, municipal corporation, district, political subdivision or any board, commission, or agency thereof, or other local public agency". It is difficult to imagine a more comprehensive definition. Indeed, the main: issue, if not the only one, involves s�?tth this definiticn is to distinguish a "local agency" Erom a "state agency". State agencies are governed by their own Open Meetings Act rather than by the Brown Act. (See Section 11120 et seq. ) The distinction betwv.:n a local agency and a state agency was the primacy issue involved in Torres v. Board of Commissioners uz� Housing Authrri ty of Tulare County ( 19'1 `7`8 0 C.A. 33 545. In that case; the Tourt of Appeals c-:,.:luded that a local housing authority, created pursuant to Health and Safety Code Section 34240 is a local agency under the Brown Act and not a state agency under the Stale Agency Open Meeting Act. In add+'.tion to the types of entities mentioned in Section 54951 , a local agency includes: (1) ". . .private, non-profit organizations that receive public money to be expended for public pu_poses pursuant to the 'Economic Opportunity Act of 1964' (P.L. 82-452;".8 Stats. 508)" (Section 54951 .1) and (2) ". .. any non-profit corporation, created by one or more local agencies, any one of the mcir:;ves of whose Hoard of Directors is appointed by such local agencies, any one of the members of whose Vo.rd of Directors is appointed by such local agencies and which is formed to acquire, construct, reconstructs maintain or operate any public work project." (Section 54951 .7) . C. LEGISLATIVE BODY The primary definition, of "legislative body" is found in Section 54952. Under this section, a "legislative body" means: ". . . the governing board, commission, directors or a body of a local agency, or any board or commission thereof, . . . " . -4- `i The following are also "legislative bodies": (1) Planning Commissions, Library Boards, Recreation Commissions, and otner permanent boards or Commissions of the City (Section 54952. 5) . (2) any Board, Commission, Committee or other body on which City officers serve in their official capacity as members and which is supported in whole or in pant by City funds wheth.zr the particular body is organized and by the City or by a private corporation (Sect:.on 54952) . , i (3) any private, non-profit organization receiving public money pursuant to the Economic Opportunity Act of 1964 (Section 34951 .1) . (4) any Hoard, Commission, Committee, or similar multi-member body which exercises any delegated authority of the legislative body (Section 54952.2) Additionally, ". . .any advisory commission, advisory committee, or advisory body of a local agency, created charter ordinance, resolution, or by any similar formal action of a legislative body or a member of a legislative body of a local agency. " are also legislative bodies. (Section 54952.3) As to this type of advisory "legislative body" , certain procedural rules specifically apply. Their meetings must not only be open but must be held within the city limits (unless the meetings concern subjects which require the examination of facts outside the city limits) . Notice of meetings must be delivered twenty four hours prior to the meeting to those who have requested such notice. (This notice is a requirement except for regular :meetings if the body has adopted rules regarding time and place thereof) . This notice requirement does not apply to regular meetings if the advisory body has already established rules regarding the time and place for holding such meetings. Additionally, the time/place/notice requirements of Sections 54954, 54955, 54955.1 and 54956 (more specifically discussed below) do not apply. with such a comprehensive definition, the question arises as to whether them.. is any conceivable combination of governmental people Which woulC not constitute a "legislative body" . The answer is yes. -5- i The most significant exception to the definition is the "less than a quorum" exclusion. Section 54952.3 provides in pertinent part: O. . . 'Gegisl.:tive body ' as defined in this section does not include a committee composed solely of members of the governing body of a local agency which are less than a quorum of such bogy. . . ." This exckpt:ion has received judicial support and interpretation. In Henderson v. Board of Education ( 1978) 78 C.A. 3d 875, the Hoard o Education had set a9hoc advisory committees composed solely of its members but each constituting less than a quorum of the Board. These committees were designed to review the qualifications of candidates for appointments to a vacant position on the Poard. Meetings cf the committees were private. The Court of Appeal concluded that such committees were an exception to the open meeting requirement of the Act by reason of a specific language of Section 54952.3 (Added to the A^.t in 1968) . The discussion providas a good legislative and judicial history of the "less than a quorum" exception. In the words of the Court, "It appears thal-, even prior to the addition of Section 54952.31 tho term 'legislative boo;►' was interpreted by the Attorney General and by the i Court to exclude leso that: a quorum committees. la 1958, the Attorney General opined that less than a quorur.i commf.Ltees were excluded [32 Opinions, California Attorney General 240, ( 1958) ) , which opinion was endorsed and quoted from by this Court in Adler: v. City Council ( 1960) 184 C.A. 2d 763,771 asfollows: 'Ordinarily, a committee is composed of less than a quorum of the legislative body that has created it. In tho<-.e cases, the findings of scch a committee have not been deliberated upon by a quorum of *.he legislative body and the necessity, as well as opportunity for full public deliberation by the legislative body still remains. Thus, the Public' s rights under the secret meetings law were protected. Therefore, meetings of committees of local agencies where such committees consist of iess than a quorum of the legislative body are not covered by the Act. ' " ilenderscn, supra a. page 881 . i A different situation arose in the City of Sebastopol. There, the City Council established a committee composed of two members of the City Council and two members of the City' s Planning Commission to interview applicants for a vacancy on the Planning Commission. This committee was then to make a joint recommendation regarding the appointment. In Joiner v. Cit ► of Sebastopol ( 1961 ) 125 C.A. 3d 799, the Court of Appeal corcluded that such a meeting was subject to the Brown Act and, therefore, must be open to the public. The Court concluded that the less than a quorum exclusion of Section. 54952.3 had no applicability to this sort of a committee. A committee composed of members concededly less than a quorum from the City Council as wel' as the Planning Commission cannot be considered a "commit.' ee composed solely of members of the governing body". D. A MEETING IS A MEETING IS A MEETING The word "r.:-eeti;,g" conspicuously appears in several sections of the Act. It, therefore, seems necessary to come up with at least a working definition of "meeting". In some respects, defining what constitutes a " meeting" involves an analysis similar to that undertaken in dealing with r.:,e "less than a quorum" exception discussed above. Court decisions frequently treat the two as different sides of the same coin. As frequently pointed out, one of the main problems associated with the application of the Act is its failure to statutorily de fine meeting. There is no such paucity of treatment, however, when it comes to Appellate Court decisions and opinions of the Attorney General. The earliest Court decision dealing with the concept of "meeting" was Adler v. Cit Council of the CitX of Culver City ( 19F0) 104 C.A. 2d 7 . The decision in Adler, of course, was far broader than merely providing an analysis of what constitutes a meeting. What the Adler Court had to say on "meetings" , however, is instructive n that it has been so modified by subsequent legislation and judicial interpretation. According to the Adler court: "it seems quite evident that the language of the Brown Act waa not directed at anything less than a formal meeting of the City Council or one of City' s subordinate agencies" . Adler at page 770. Adler was decided in 1960. There have been a lot of chairs oo ded since that time. Formality is no longer the most importa,at criteria in determining what constitutes a "meeting". Section 54952.6 provides us with a definition of "action taken" . At one time, it night have been argued that whether or not action was taken should be the criteria in determining -7- whether or not a meeting has occurred. As will be seen below, the term "action taken" has a great deal of significance in the Brown Act, howev.,r, nit for the pus:pose of dpfining "meet' ng". In Sacraments Newspaper Guild v. Sacramento County Board of Su err sor3 ( 68) 263 C.A.2d 41 , me Court of Pppeal cev ewed The Adler decision, togr,ther with subsequent legislative enactments, in an attempt to come up with a definition of "meeting" . Relying very heavily on the Act's sta::.utorily stated purposes (Section 54950) . the Court concluded that the term "Meeting" shr,uld be given a broad definition. in the words of the Court: "only by embracing the collective inquiry and discussion stages, as well as the ultimate step of official action, can an open meeting regulation frustrate these evasive devices. trefdrring to the previously listed abuses which gave rise to the Brown Act) . As operative criteria, formality and informality are align to the laws designed, exposing it to the very evasions it was designed to prevent. Construed in light of the Brown Act's objectives, the term "meeting" extends to informal sessions or conferences of the Board members designed for the discussion of public business." (Sacramento at page 51 .) There can no longer be any doubt that & meeting under the Brown Act includes not only action, but also deliberation. Deliberation is clearly different from and broader than action. It includes the examination, weighing, or reflecting. for or, against a choice. In Rowen v. Santa Clara Unified School District ( 1981 ) 121 C.A.3d 231 , ten Court of pp`eal J ge G�rod —stated: "the term 'deliberation' has been broadly con- strued to connote ' not only collective discussion, the collective acquisition and exchange of facts preliminary to the ultimate decisions' [citations omitted) ". i Another gloss on the concept of "meeting" and additionally on the concept of "less than a quorum" is the Attorney General' s "seriatim" meeting. In 63 Opinions of the Calitornia Attorney General 620 ( 1980) , the Attorney Genecal deEermined that it woad be a violation of the brown Act for menbers of a Redevelopment Agency or their staffs to hold a series of closed meetings with the Council or the Planning Commission when the purpose of that meeting was to convey info rmatior ' i i I about the Redevelopment Agency' s business, in spite of the fact that a quorum of any governmental body was not present at any of the meetineq. In n similar situation, the Attorney General has c icluded l that there is a violation of the Brown Act when members of the City Council hcid a series of closed discussions with citizens, having matters of business before the Council, in order to gather information regarding these matters. The ! discussions in this case were held on successive dates and were plarn,:d to insure that a quorum of the Council was not present at any given meeting, [65 Opinions, California Attorney General 64 ( 1962)] . Certain common principles emerge from these opinions: (3 ) meetings which are designed to and in fact do frustrate the public' s right to be informed at all stages at the i administrative or legislative process will be considered "meetings" within the Brown Act aid, therefore, must be public; and (2) the Act does not purport to regulate the individual conduct of either individual Councilmembers nor private citizens. Individual Councilmembers are therefore free to discuss matters of public concern with their constituents. a The Attorney General is not alone in concluding that a "meeting" is more than a formal meeting. in Common Cause v. Sterling 1, 1981 ) 119 C.A. 3d 658, the Court o Appea oea --,- with a case involving the award of attorney's fees under the Brown Act. The underlying facts of the case, however, are revealing. By formal and public action, the City Council had directed the City Attorney to file a condemnation suit. Prior to the service of summons of the complaint, however, one membez of the Council asked the City Manager to delay service for one week to allow a Council reconsideration. Later the City Manager received a letter which bore the signature of six members of the Council and which directed him not to serve the summons. The Manager complied with the request and at a later public meeting, the Council formally instructed the Manager not to serve the summons and to abandon ::he action. Vie trial court determined this to be a violation of the Brown Act. It is impossible to establish nard and fast criteria which can be used to definitively determine when a "meeting" of the "legislative body" has occurred for purposes of *he 3xown Act. Numerous sections of the Act provide sere help. Certainly, the Attorney General has been active in :his endeavor , as have the Courts. As with rio many other areas, "law" here iF truly in an emerging state. -9- d A review of the statutes and decisions, however, does permit the formulation of at least some inclinations and emphases which are helpful in analyzing the issue. Although it is risky lousiness to put then down on paper, here they are: (1) Numbers are important, but they are not conclusive. A quorum may exist even =hough a sufficient number of members are not physically present at the same time and place. (2) Subject matter is crucial. The Brown Act only requires open meetings when the public' s businesx is under consideration. Purely social gatherings of members of the legislative body do not tall under the drown Act. They are also as rare as a snowflake in hell. (3) Deliberation, not decision, is determinative. (4) Note well the stated purpose of the Act. You are in very hot water if what you are doing is an obvious attempt to er ade the open meeting requirements and thereby thwart the public' s right to know. i BEHIND CLOSED DOORS (Exceptions to the Open Meeting Requirements) A. STATUTORY P,rCEPTIZONS The Act itself provides certain exceptions to the requirement . that meetings be open. Closed sessions which are specifically authorized by the Act include the following: (1) Grand _fury. Legislative body members may give testimony in private before a grand jury, either as individuals or as a group. (Section 54953. 1 ) . (2) License AR21ications. Closed sessions may be used to determ ie whether an applicant for a license who has a criminal record is sufficiently rehabilitated to obtain the license. (Section 54956.7) . (3) Security of Public Builcinas. Closed sessions may be held with the Attorney General, the District Attorney, the. Sheriff, the Chief of Police or any of thQir Deputies to discuss threats to the security of a public building or to t'ae public' s right of access to public services or public facilities. (Section 54357) . -10- r (4) Perronnel. Closed sessions are authorized to consider the appointment, employment, evaluation of. I erformance, or dismissal of a public employee or to hear complaints or charges brought against such an employee by another person or employee. These closed sessions must be held during a regular or special meeting. Additionally, the employee involved XAy request that the session be made public. "Employee" does no,. include those elected to office or appointed to office by the Council. "Employee" does include non-elected City Manager, City A-_torney, Department Heads, and other e,nployecs not appoi.•-ted by the Council (Section 94957) . It must be noted that the a-ttsal decision and any roll-call vote to appoint, employ, or disin•iss a public employee which comes out of a dosed session must be public..y reported at the public meeting during which the closed session is held or at the ne):t public meeting (section 54957. 1) . A recent Court of Appeal decision has caused quite a stir among those of us whose performances are evaluated ana our salaries set by c City Council. Iit Son Diego Uni nn v. City Council of the City of San Dieqo (1983) 3.46 C.A. 3d 947, the Court t:oncluded that the personnel exception under Section 54957 does not permit the Council :-to discuss and/or detemine specific salary increases for City employees in closed session. According to the decision, the following procedures should occur when a City Council evaluates the performance of officials it appoints: "Consistent with both the 'personnel exception' as to the evaluation of performance of particular employee and the general mandate of the Brown Act, we envision the two step process of an executive session evaluating the peertormance of the public employee and a properly noticed, open session for setting that particular employee's zalary as a fascile not negatively affecting the review process. Common sense compels the conclueion that oblique references to discussions of salaries for specific individuals within executive sessions, evaluating the performance of that public employee would not violate the Rr:.wn Act so long as the specific discussions as to the amount of salary increase are reserved for a properly noticed, public meeting. [See 61 Ops. Cal. Atty General 283 , 288 (1978) ) . " (5) Real Estate Neaotiaticn. In 1984 , the Legislature by Chapter 1126, as ed Section 54956. 8 to the Act authorizing closed sessions to discuss specified real estate negotiations. Effective January 1, 1985, the exemption allows the City Council to meet with its negotiator prior to or during negotiations concernirq the purchase, sale, lease or exchange of iroperty by or for the City. The Council may meet for the purpose of giving instructions to its negotiator regarding the price and terms of payment for the purchase, sale, exchange or lease. The closed session, however, must be preceded by an open session in which the Cou--oil j -11- • I I 1 identifies both the real property in question and the persons with whom _ts n% jotiator may negotiate. Eminent domain proceeci.ngs are not subje^.t to the restrictions set forth in Section 54956. 8 . and that section does not prohibit - City from holding closed sessions for discussions regarding eminent domain proceedings. (6) Meet and Confer. Closed sessions are authorized in conned with the "meet and confer" process under certain circumstances. The meeting most be between the legislative body and ita designated representatives. This would exclude closed sessions between members of a City Council. and Employee Organization representatives. The jlo-id sessions may be held prior to or during the "meet and cunfEr" process. They, therefore, d.:, not have to be held in connection with a regular or special meeting. The purpose of this meeting is to review the position of the Council and Instruct the rriaresentative on salary, salary schedules or compensation, generally. Additionally, the Coun::il may meet with a state conciliator who haw intervened in the "meet and confer" process. (Section 54957.6) . In 1984 , the Legislature amended section $4957. 6 (Chapter 52, 1984 Statutes) to provide that the exception applied to nago'.iatlons with both represented and unrepresented employees. The effect that this change has on the decision in the Sat` Diego v. Unian case discussed above is uncliar. Some have argued that t it would permit the Council to have a closed session to set the salaries of those officials whom it appoints. Caution is advised, h-awever, given that as yet the &mendmeat ha- not been interpreted by the Courts. (7) Pending Litigation Exception. In 1984 , the Legislature by f Chapter 1129enacted Section 54956.9 concerning pending litigation. Prior to the enactment of this section, there was not express authorization for close%' meetings concerning pending litigation. The Courts, however, ha% ... lop-, recognized an implied exception for the attozney/client relation .hip. This exception is discussed below. E::fective January 1, 1985, such an exception is expressly authorized. Section 54r56.9 requires the local agency to .follow the procedure set forth in the statute. The statute authorizes local legislative bodies to conduct closed sessions with their legal counsel to discuss pending litigation when discussion in open session would prejudice the agency in that litigation. "Litigation" includes any adjud:icitory proceeding, including eminent domain, before a court administrative body, hearing officer or arbitrator. For the purpose of this statute, litigation is pending when any of the following occurs: an adjudicatory proceeding to which thy: agency is a party has been initiated fcrmalllr; the agency has decided or is meetinc to decide whether to initiate litigation; or in the opinion or the legislative body and its legal counsel , there is a significant exposure to litigation if matters related -1.2- to specific facts and circumstances are discussed in open :session. The agency is also authorized to meet in u4osed session to consider whether a public discussion cif issues related to specific facts and circumstances would subject the agency to signifi:.,ant exposure of litigation. Prior to conducting a closed session under this section, the legislative body must state which subdivision o.: the statute authc,ri2 a the session, and if the actiozi 'has alreadv been init;ated, it must :.tate the title of the litigation unless to do so would jeopardize service of process or settlement negotiation,.. In addition, the legal counsel shall submit to the agency a memorandum stating the specific reasons acid legal authority for the closed session including the title of the litigation, if any, or the specific facts and circumstances in question. This memorandum will be protected from disclosure by the attorney work-product privilege until the pending litigation has been finally aajudicated or otherwise settled. (8) Procedural Requirements. Two specific procedural reauivetiierts pertain to�.Iosed sessions permitted by statute.- (a) Cinder Section 54957.2, the Council may designate someone to at.end the session and keep min"tes. If such a minute book is made, it is not sub•iect to disclosure under the California Public Records Act. a e Council zriy require that eac.i legislative body whose members it appoints keep such a minute book. (Section 54957. 5) (b) Additionally, the Council is required to state reasons for the clnEed session, either before or after the session itself. The statement must be part of the notice required for . special, adjourned, or continued meetings if the closed session is held in connection with such a meeting. Consideration at the closed session is limited to the matters appearing in the statement. (Section 54951.7) B. IMPLIED EXCEPTION: _ Litigation-Attorney/Client For many year: the Courts recognized an implied exception to the Brown. Act to permit closed sessions in situations ize;ol%ring the attorney-client privilege. As stated above, Section 54956.9 (efEr;ctive January 1, 1985) specifically created a statuto-y exception for pending litigation. At present there is an extreme paucity (none! ) of judicial cases or Attorney General opinions interpreting this new provision. Accordingly, it is unclear whether this legislation stands as an augmentation to the COLrt created attorney-client exception or whether it. represents the exclusive authority 'ender which closed sessions �:. y be conducted -?3- Under the cases interpreting the implied attorney-client privilege, the Courts have found that the privilege is broad enough to permit a legislative body to meet in closed session with its legal advisor to discuss "potential" litigation so lung as it relates to an existent set of concrete facts and circumstances, and thus, litigation need not be pending nor imminent to give ri ;e to the privilege. (Sutter Sensible Plannin , Inc. v. Board of Supervisors (1981) 22 Ca1.App. 3d 913. In Sutter, the Court stated that the purpose of permitting c o�ged sessions between an agency and its legal advisor was to facilitate candid advice, avoid litigation, promote settlements and prevent the agency from having to fight in a legal forum wi.th one arm tied behind its back. The Court found that the Board of Supervisors had ample justification for a closed session to discuss the possibility of futtz_a litigation over an EIR and conditional use permit where similar matters had been the subject of previous litigation. Because if this lack of -larity, the following discussion of the implied exception may still be pertinent: Meetings of the City Council with its City attorney for the purpose of general discussion and consideration of problems confronting the Council including legal problems are generally subject to the Brown Act. Early opinions of the Attorney General, however, seem to recognize the right of the Council to hold a closed session with the City Attorney to consider litigation either pending or threatened. In 36 Opinions of the California: .'Attorney General 175 (1960) , the Attorney General opined that "in the normal relation between the City Council and its City Attorney, where the City Council seeks the advice of the City Attorney as to the legal affect of matters pending before the City Council, such meetings must be open to the public. " However, the Attorney General dent on to point out that meetings between ti.� Council and the City Attorney to discuss litigation should not be requir::d to be open to the public where a public discussion of suci: matters would redown to the benefit of the City's adversary and to the detriment of the public. In 1963, the Attorney General reinforced this eartier opinion by stating that meetings of the Council, the City Manager, City Attorney and Pla'ining Director, are subject to the open meeting requiremer►ts of the Brown Act unless the s•ibject matter on discussion involves Natters within the statutory closed -14_ session exception or are the subject of then current or pending litigation within the narrow limits which had been spelled out in the 1960 opinion. [42 Opinions California Attorney General 61 (1963) ] . In Sacramento News aoer Guild v. Sacramento County Board of SupW_ s�(j.�68) 263 C.A. Z 41, this o-statutory exception was given judicial approval. In reaching its decision, the Court relied upon the following: (1) Under the rvidence ;ode, a privilege attaches to lawyer/ client communications. (2) This privilege is just as available to public agency clients and their lawyers as it is to their private party counterpart: and, in fact, the Evidence Code distinctly includes public agencies among the clients who may assert the privilege. (3) This privilege serves a very strong public policy of assuring private consultation. If the client and the attorney must meet in public view and hearing, both the privilege and policy are strilied of any value. (4) The public meeting requirement in the Brown Act does not abrogate by implication the ;preexisting statutory policy which assures the opportunity for private legal consultation by public agency clients. (5) Government should have no advantage in legal strife, but neither should it be a second-class citizen. The metes and bounds of this exception have not been as ;het accurately surveyed. Tnc language in Sacramento, suRrr�a, however, is very broad, and ai: argument could be made that the scope of this exception is the sure as the attorney/client privilege. -15- C. SPILLING TBE BEANS It must be assumed, of course, that all confidential items discussed it a proper closed session will. remain confidential. From a purely hypothetical standpoint, however, what would happen if a Councilmember decided to reveal what had done on in a closed session? In an unpublished informal latter opirsinn from the Attorrey General authored in 1976, it was concluded that: :1) the contents of a closed session, are confidential and/or privileged; and (2) the contents cannot be disclosed, even by the affirmative majority of vote of the legislative body. I completely agree with the Attorney General' s letter regarding the confidentiality of the contents of a closed ' session. In my view, however, the question of disclosure turns can who holds the privilege of confidentiality. It seems clear to me that the privilege is held by the members of the City Council collectively. An individual ;member of the City Council, therefore, would have no right to unilate•.ally i disclose confidential information received in a closed session. On the other hand, because tha Council collectively bolds the privilege and under the appropriate Evidence Code sections Car, waive that privilege, the City Council, could by a majority vote, decide to disclose what would otherwise be ' confidential information. The question would then arise as to what legal remedies are available to prevent unauthorized disclosure. Remedies for violations of the Act are more s;oecificaliy discussed below. Givgn the nature of the violations, the preventive relief provided by Section 54960 would be more applicable, in my judgment, than the criminal sanctions in Section S4959. IV. RULES OF THE ROAD A. REGULAR MEETINGS The procedural requiremen+-.s for the conduct of regular meetings are stated in Section 54954. Generally, these procedures deal with the following: (1) Time. The City Council must designate a time for the holling o'7 regular meetings. If a regular meeting falls on a holiday, it is to be held on the next business day. -16-- e I I (2) Plac?. The Brown Act itself does not require that regular meetings b2 held within a City. This decision is left ur to the law which specifically deals with each local agency. For Cities, this law is found in Section: 36808 Wiich states: "Meetinas of the Council shall be held with!*n the corporate limits of the City at a place desig:ldted by ordinance. . ." In 58 Opinions of the California Attorney General 554, ( 1975) , the Attorney General discussed the proper location o meetings of a County Board of Supervisors and stated that under the Government Code, the Board must hold its regular meetings in the County seat. The Attorney General opined, however, that this is not the rule for adjou4-ned regular or special meetings by reason of the following Sections of the Brown Act: (i (a) Section 54955 permits regular meetings to be adjourned to a time and place specified in the order of adjournment. Therefore, th3 place specified in the order controls. (b) Section 54956 requires that the notice of a special meeting specify the time and place. Thus, special meetings could be held at a location other than the county seat. Arguably, the same rule should apply to a City. (3) Notice. Under Section 54954. 1 , the legislative body of a distric�'subject to the Brown Act must give mail notice of meetings to property owners who request such a notice. The section, by its own terms, applies to a district, not a city. B. SPECIAL MEETINGSs Generally, special meetings are covered by Section 54956 anu are subject to the following rules: (1) How called. A special meeting may be called by either the presiding o ficer or a majority of the members. In order to call a special meeting, written notice must be either mailed or personally delivered to each member of the legislative body and to each local newspaper, radio or t.v. station which has requested• the same at least twenty four hours before the time of the meeting. This notice must be actually delivered at least twenty four hours before the time of the rmeetina. 53 0 inions of the California Attorney General ( 1970) . The nocice must specify the time, the place, and the business to be transacted. 'Written notice may be dispensed with as to (a) any member who at, or prior to the -17- i time the meeting convenes, files with the clerk or secretary of the legislative body a written waiver of notice and (b) as ro any member who is actually present at the r:eeting at the time it conve- as. The notice requirement, pertains even if no action is t.aV . n at -,he special meeting. (2) Scope of Business Permitted to Be Conducted. As stated above;h notice and call o a special meeting must specify, among other things► the "business to be conducted` . To further emphasize the special nature of special meetings, Section 54956 prohibits the consideration of any busineos not specified in the notice. C. EMERGENCY MEETINGS There is one instance in which the twenty four hour notice requirement for special meetings does not apply--emergency situations involving *ratters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities. (Section 54956. 5) . An emergency situation is limi ad to: "(a) work stoppage or other activity which severely impairs public health, safety or both, as determined by the majority of the members of the legislative body. (b) crippling disaster which severely impairs public health, safety, or both, as described by a majority of ` the memLers of the legislative body." (Sect: )n 54956.5) . i Although thc: twenty four hour notice requirement does not pertain, the following procedures must be obsei-ved for emergency meetings. ( 1 ) Each local newspaper and local radio and t.v. station which has requested notice of the special meeting (Section 54956) must be notified by the presiding officer of the legislative body or designee one hour prior to the emergency meeting by telephone. If phone services are not functioning, this requirement is waived, but the newspaper, radio station or t.v. station must be notified of the fact of the emergency meeting, its purpose and any action taken as soon after the meeting as possible. (2) Closed sessions may not be held during any emergency meeting. (3) A list of persons notified, a copy of the roll call vote and any action taken at an emergency meeting must be posted for a minimucn of ten days in a public place as soon after the meeting as possible. _lg_ All special meeting requirements under Section 54956 are applicable to an emergency meeting except the twenty four hour notice reyuireme:rt. D. ADJOURNED AND CONTINUED MEETINGS Any meeting, regular, adjourned regular, special or adjourned special may be adjourned to a time and place specified in the order of adjournment. A quorum is not required to adjourn. In the event that all members of the legislative body are absent from a regular or adjourned meeting, the clerk may declare the meeting adjourned to a stated time and place. If this is done, there must be a written notice of the adjournment given in the same manner as required for special meetings under Section $4956. Additionally, the following apply: (1) Within twenty four hours after the time of adjournment, a copy of the order or notice of adjournment roust be conspicuously posted on or near the door of the place where the meeting was held. (2) In the event that a regular or adjourned regular r,eiting is adjourned, the resulting adjourned meeting is a regular meeting for ali purposes. (3) if the order of adjournment does not state the hour at which the adjourned meeting is to be held, it ;lust be held at the hour already specified for regular meetings. (Section 54955) . Special rules regarding continuances are found in Code Section 54955.1. This section permits a hearing to be continued or recontinued to any subsequent meeting of the legislative body as long as the procedures for adjournment under Section 54955 are complied with. Additionally, if the hearing is continued to a time less than twenty four hours after the time specified in the order or notice of hearing, a copy of the order or notice of continuance of hearin.7 must be posted immediately following the meeting at which the order of continuance was adopted. E. AGENDA KhTERIALS AND OTTHER WRITINGS In 1980, Section 54957. 5 was added to the Brown Act in order j to clarify the connection between legislative body agendas and the California Public Records Act. (Section 6250' et seq.) Section 54957. 5 reauires the following: (1) Ptiblic meeting agendas and other writings become public I records under the California Public Records Act at the time t'jey .are distributed to all or a majority of the members of the legislative body for discussion or consideration at a ..lg_ public meeting. This requirement does not include those writings which are exempt from public disclosure under Section 6253.5 (Initiative Referendum and recall Petitions) , Section 6254 (General Exemption of Certain Public Records and 6254. 7 (Air Pollution Data, etc. ) (2) Writings which become public records by reason of (1) above must be made available to the public as follows: (a) • those distributed prior to the beginning oZ the public meeting must be made available for public inspection upon request prior to the beginning of such a meeting. (b) those distributed during a public meeting and prior to the commencement of their discussion of such a meeting must be made available for public inspection prior to the commencement of and during their discussion of such meeting. (c) those distributed during their discussion of such a meeting must be made available for public inspection immediately or as soon thereafter as is practical. (3) This section does not prevent the charging of a fee for. copy of a public record. (4) The requirements of the California Public records Act continue to apply regarling the availability of these writings. P. MISCELLANEODS REQUIREMENTS I (1) The legislative body may require that a copy of the Crown Act be given to each member of the legislative body. (Section 54952.7) . i (2) A person may not be required to register his or her name or provide other it►formation as to a condition of attendance at a meeting . if this information is requested, the person must be informed that the in°ormation is voluntary. (Section 5493.3.3) (3) The public has a right to tape record meetings unless there is " . . . reasonable finding of the legislative body of :he local agency t`iat such recording constitutes, or would constitute, a disruption of the proceedings. " (Section 54953.5) (4) Fees may net be charged for carrying out the provisions of the Brown Act unless the fee is specifically authorized. (Section 54956.6) _70- i (5) Disorderly conduct is covered by Section 54957.9. This section permits the legislative body to order the meeting zoom cleared under certain circumstances. In the event that the room is cleared, only natters which appear can the agenda may be considered. Additionally, representatives of the press or other news media must be allowed to attend any session, held pursuant to this section unless those representatives participated in the disturbance. (6) Section 54961 prohibits a meeting of a local agency "in any facility that prohibits the admittance of any person or persdns 'on the basis of race, religious creed, color, national origin, ancestry or sex' " . (7) Finally, Section 54953.7 permits the legislative body to allow treater access to its meetings than required by the Brown Act. v. PENALTIES AND REMEDIES FOR VIOLATIONS A. PROPHYLACTIC RELIEF Section 54960 states "any interested person may commence an actin, by mandamus, injunction or declaratorx ttiief for the purpose of stopping or preventing violations or threatened violations of this chapter by members of the legislative body of the local agency or to determine the applicability of this chapter to actions or threatened Future actions of the legislative body." The first auestion that arises is who har, standing to bring such a suit. The language of the section is very broad-"any interested person". The only reported Appellate Court decision which deals with the question of standing under this section :s our old friend Sacramento Newspaper Guild v. Sacramento Board of Supervisors ( 1965) 263 C.A. 2d 41. The plaintiff in that case wa. a labor organization composed of professional newspaper men and women. In that case, however, the County Board of Supervisors did not question the Guild' s standing to sue. The Court of Appeals stated to at even if such a question had been raised, the complaint could easily have been amended to satisfy any technical problws, and, that in any event, there had been substantial compliance with the standing requirement. Of particular notice is the Court of Appeal' s statement that the right of disclosure is an attribute of citizenship and that Section 54950' s broad I declaration of the public' s right to disclosure should extent] standing to any county elector. (Sacramento at page 46) . what clearly emerges form the case is thaC standing was not a i significant problem in 1968. Giver. what has happened to the entire concept since that time, it is even less of a problem today. The next issue is the nature of the relief itself. When section 54960 was added to the Act in 1961 , the relief was "mandamus or injunction" for the purpose of ''pteventing violations or threatened violations" . In interpreting the old language, the Court of Appeals concluded that a plaintiff whose urban renewal proposal was found disqualified was not entitled to mandamus on account of alleged Brawn Act violations where the action previously taken was not invalid and it did not appear that the violation was either continuing of threatened in the future. (Oldtown Development Cor oration v. Urban Renewal Aaenc,Y�.of the C tv o Monterey ( 19 7) 49 C.A. 2d 313. InIn 1969, the egis ature amende this section by adding tre authority to bring an action for declaratory relief, i H. ATTORNEY'S FELL Section 54963.5 provides for an award of court costs and attorney' s fees in appropriate cases for actions which are brought •tnder Section 54960. The plaintiff in such an action is entitled to an award. ". . .where it is found that the local agency has violated the provision of this article." The requirement that there be an actual fil.3ing of a violation of the act has received judicial support in Henderson v. Hoard of education ( 1978) 78 C.A. 3d 875. In that case, the Court Bf Appear—concluded (after quoting from both Sections 54960 and 54960.5) : "although these sections authorize an award of fees and costs in an action to prevent •liolations or threatened violations of the Brown Act, the question remains as to whether it can be said that ,it is found that the local agency has violated the provisions of this article' . Under the rules of statutory construction set forth in Mover v. Workmen' s ComeenLation Appeal Board 10 al. 3d 2, 230--231, we must cone ude that attorney fees cannot be awarded in the instant case. The statutory language is clear and unambiguous and we have determined that the Board has not violated or threatened to violate any of the pr-+visions of the Act. " Henderson at page 884. ..2•2.. In Common Cause v. Sterling ( 1981 ) 119 C.A. 3d 658, the Court of Xppeal h3dto wrest a with the problem of the interplay between Code of Civil Procedure Section 1021 . 5 and Government Code Section 54960.5. In that case, the trial court concl�ided that inasmuch as the Government Code section established no criteria for awarding attorney' s fees, they could only be awarded if the requirements of -civil Procedure Code 1021 . 5 had been net. The Court of Appeal reversed, finding no legislative intent that the CCP Section affected the already existing fee provisions of the Government Code. The Court slated that CCP Section 1021 .5 was intended to: "provide specific guidelines for the exercise of inherent judicial power to award fees not specifically authorized�by statute'. Common Cause at peg a 63 our underlining.] The Court of Appeal concluded that under the Government Code Section, attorney' s fees are presumptively appropriate unless the defendant can show special circumstances that would render the award unjust The Court also concluded that unlike the criteria in the Civil Procedure Code section, the Government Codes Section does not require that fees be rewarded only when issues of statewide or federal significance are involved. Finally, the Court established cer-tain considerations which trial courts should use in exercising their discretion in awarding fees. These are: (1.1 the necessity for the lawsuit, (2) the lack of injury to the public, (3) the likelihood the problem would have been solved by other means and (4) the likelihood of reoYcurrence of the unlawful act in the absence of the lawsuit. This section also provides that the defendant in a 54960 action ::,ay be awarded attorney' s fees and costs ". . .where the defendant has prevailed in a final determination of such action and the Court finds that the action was clearly frivolous and totally lacking in merit" , (Section 54960.5) . In Sutter Sensible Planning, Inc. V. Sutter County Board of 5upery raots ( 9 ) 12 CA. 3d 813, the Court of Appea refused to reverse a trial Court' s denial of an award of attorney' s fees to the successful defendant Board of Supervisors. The Court emphasized that such attorney' s fees are only available when the action has been: "clearly frivolous and totally lacking in merit" . The Court of Appeal additionally stated that the satisfaction of this standard was primarily a factual determination. -23- C. THS WOODSHED Section 54959 provides: "Each member of a legislative body who attends a meeting of such legislative body where action is taken in violation of any provision (of the Brown Act] with knowle0ge of the fact that the meeting is in violation thereof is guilty of a misdemeanor". A few things need to be stated about the applicability of the misdemeanor penalty: (1) it applies only to members of a legislative body. Presumably people other than members of a legislative body who attend an unlawful meeting woulci not be subject to the criminal penalty. Individuals of this type could include, of course, City Attorneys, Cit:1 Managers, etc. (2) the unlawful meeting must be one at which "action is taken". As discussed earlier, "action taken" is defined by Section 54952.6. Again, as discussed earlier, the term "meeting" within the Brown Aet is broader than the "meeting at whi.cn action is taken" . Thus, the penalty provisions of the Brown Act are narrower than the Brown Act's declaration of intended coverage. In short, not ever,- violation in the Brown Act is a violation of the misdemeanor section under 54559. (See Sacramento Newsna er Guild v. Sacramento County Board of Supervisors ( 1 ) 263 C.A.--2d41 . D. VALIDITY OF ACTION TAKEN AT UNLAWFUL MEETINGS Givn�• the importance which both the legislature and Courts• havC placed on the public policy underlying the Brown Act, it might seem logical that, in addition to the preventive and criminal sanctions provided for enforcement, action taken at an unlawful meetir.; would also be invalidated. There is, however, no statutory provision dealing with the validity of action taken in violation of the Brown Act. The Courts, with rare uniformity, have hald that the validity of actions taken at a meeting claimer: to have been held in violation of the Brown Act are not affected by the alleged violation. This issue was first before the Court in Adler v. CityCouncil of the City of Culver City ( 1960) 184 C.A. 2d 763. As stated above, the Court in Adler concluded that there was no Brown Act violation in any event. By way of dicta, the. Court of Appeal suggested that even it there had been a violation of the Brown Act, the action taken would not have been invalidated. Obviously, the Adler decision has been greatly modified both by subsequent statutory enactments and court decisions. The principal cf law, however, that an action taken in violation of the Brown Act is not void-remains valid. -24- u I (See Oldtown Development Corporat?an v. Urban Renewal AQenc ( 1967) 249 C.A. 2d 313, 3290, Claremont Taxpayers Assooiat on v. City of Claremont ( 1963) 223 C:A;=g9, 593-554, v. Scard of Education ( 1975) 47 C.A. 3d 99, 121 , 122. The issue of whether subsequent legislative enactment: had superseded the Adler court' s decision on invalidity was clearly before the Court of Appeal in Griswold v. Mount Diablo Unified School District. ( 1976) 63 C.A. NT4 TK ourt conc udeo that the slative history of these enactments clearly indicated the unH+illinaness of tue state legislature to ma'•e invalidity a sanction for violation. -25- RALPH M. BRCWN ACT (Effective January 1 , 1985) 554950. Declaration of public policy In enacting this chapter, the Legislature finds and declares that: the public commissions, boards and councils and other public agencies in this State exist to aid in the conduct of the people' s business. It is the intent of the law chat their actions be taken openly and that their deliberations he conducted openly. The people of this state do not yield their sovereignty to the agencies which serve them. The people, in delegating au tnority, do not give their public servants the right to decide what is good for the people to know and what is not good for, them to know. The people insist on remaining informed so that whey may retain control over the instruments they have created. 554950.5. Title of act This chapter vhall be known as the Ralph M. Brown Act. 554951, "Local agency" As used in this chapter, "local agency" means a county, city, whether general law or chartered, city and county, town, school district, municipal corporation, district, political subdivision, or any board, commission or agency thereof, or other local public agency. 554951.1. Public meetings by antipoverty organizations For the purposes of this chapter, and to the extent not incon- sistent with federal law, the to nii "local agency" shall Include all private nonprofit organizations that receive public money to be expended for public purposes pursuant to the "Economic Opportunity Act of 1964" (PL 88-452; 78 Stats 508) [42 USCS S62701 et seg.]. 554951.7. "Local agency" "Local agency" includes any nonprofit corporation, created by one or more local agencies, any one of the members of whose board of directors i:. appointed by srich loc:�! agencies and which is formed to acquire, construct, reconstruct, maintain or operate any public work project. 554952. "Legislative body" As used in this chapter, "legislative body" means the governing board , commission, directors or body of a local agency, or any board or commission thereof, and shall include any board, commission, committee, or other body on which officers of a local agency serve in their official capacity as members and which is sc,tpported in whole or in part by funds provided by such agency, whether such board, commission, committee or other body :S organized and operated by such local agency or by a private corporation. 554952.2. Additional definition of "legislative body" As used in this chapter, "legislative body" also means any board, commission, committee, or similar multimember body which exercises any authority of a legislative hody of a local ace ncy delegated to it by that legislative body. --1- 0 - - - 554952.3. "Legislative body" : Advisory commissions, committees, or bod i e s As used in this chapter "legislative body" also includes any advisory commission, advisory committee or advisory body of a local agency, created by charter, ordinance, resolution, or by any siriilar formal action of a legislative body or member of a legis- lative body of a local agency. Meeting:; of such advisory commissions, committees or bodies concerning subjects which do not require an examination of facts and data outside of the territory of the local a,4ency shall be held within the territory of the local agency and shall be open and public, and notice thereof must be delr%.►eyed personally or by mail at least 24 hours before the time of such meeting to each person who has requested, in writing, notice of such meeting. if the advis+,ry commission, committee or body elects to provide fo.. the holding of regular meetings, it shall provide by bylaws, or by whatever other rule is utilized by that advisory body for the conduct of its business, for the time and place for holding such regular meetings. No other notice of regular meetings is required. r I "Legislative body" as defined in this section does not include a + committee composed :Solely of members of the governing body of a local agency which are less than a quorum of such governing body. The provisions of Sections 54954, 54955, 54955.1 , and 54956 shall + not apply to meetings under this section. i ' 554952.5,. "Legislative body": Permanent boards or commissions As used in this chapter "legislative body" also includes, but is not limited to, planning commissions, library boards, recreation commissions, and other permanent boards or commissions of a local agency. 554952.6. "Actin:: tal:sn" As used in this chapter, "action taken" means a collective decision made by a majority of the members of a legislative body, a collective commitment or promise by a majority of the members of a legislative bony to make a positive or a negative decision, or an actual vote by a majority of the members of a legislative body, when sitting as a body or entity, upon a motion, proposal, reso- lution, order or ordinance. 554952.7, Giving copy of chapter to member of legislative body A legislative body of a local agency may require that a copy of this chapter be given to each member of the legislative body. An elected legislative body of a local agency may require that a copy of this chapter be given to each member of each legislative body all or a majority of whose members are appointed by or under the authority of the elected ? eg =.slative body. S54953. Meetings to be open and public All meet•incis of the legislative body of a local agency shall be open and public, and all persono shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter. -2- Ifl Jf � �"''' + �•+uy •, ,�' � ';•4//'Q �t'.{'�'r".i 4�'• .t' yY'r' �••yy''_ c` r:y�,f {��� +y„ d T' •' :►.:.a...._.. -iGL'l:►�.• ..i'�!L'�..:.�.11.t..![.A �i«/.dl1l Jf ..{:3'.. i.f`�`' 554953.1. Construction of chapter regarding right of members of: legislative body of local agency to give testimony in private The provisions of this chapter shall not: be construed to prohibit the members of the legislative body of a local agency from giving testimony in private before a grand jury, either as individuals or as a body- 554953.3. Registration, etc. r not to be required as condition for attendance by member of public -.t meetings A member of the public shall not be reauired, as a r.ondi.tion to attendance at a meeting of a legislative body of a local aaency, to register his or her name, to provide other information, to complete a a_uestionnaire, or otherwise tc fulfill any condition precedent to his or her attendance. if an attendance list, register, questionnaire, or other similar document: is posted at or near the entrance to the room where the meeting is to be held, or is circulated to the persons present -during the meeting, it shall state clearly that the signina, registering, or completion of the document is voluntary, and that ali persons may attend the meeting regardless of whether a person signs, registers,9 , or completes the p document.. 554953.5. Recording proceedings Any person attending an open and public meeting of a legislative body of a local agency shall, have the right to record the proceer:- ings on a tape recorder in the absence of a reasonable finding of the legislative body of the local agency that such recording con- stitutes, or would constitute, a disruption of the proceedings. 554953.7. Access to meetings beyond minimal standards Notwithstanding any other provision of ? aw, legislative bodies of local agencies may impose requirements upon themselves which allow q, eater. access to their meetings than prescribed by the minimal standards set forth in this chapter. In addition thereto, an elected legislative body of a local aaency may impose such re- quirements on those appointed legislative bodies of the local agency of which all or a majority of the members are appointed by or under the authority of the elected legislative body. 554954. Rules for conduct of business: Time and place for holding regular meetings The legislative body of a local agency shall provide, b ordinanc.. , resolution, by-laws, or by whatever other rule is required for the conduct of business by that body, the time for holding regular meetings. Unless otherwise provided for in the act under which the local agency was formed, meetings of the legislative body need not be held within the boundaries of the terfitory over which the local agency exercises jurisdiction. if at any time any regular meeting falls on a holiday, such regular meeting shall be held on the next business day. If by reason of fire, flood, earthquake or other emergency, it shall be unsafe to meet in the place designated, the meetings may be held for the duration of the emergency at such place as is designated by the presiding officer of the legislative body. -3- j i I t!,t��,� 6� � �%�'''�-� :,�;� x ,fir f' ',�- ,•• .yG+ y ih'� �7 :`� y�',w P�,`% �.i✓,",%#. ..��, i��'1'J,l�Ei, ��6'� � �;v� , ��.�r `t/ '3'b '�'at '^�' .� d''s.'`'• r 1$ri, ! ! ! iy'� '41 r.:.t�9i.t a+i;��rj. F'1 ',� 'rl Yrtir � 7•. 7 •i�,r. Ijr'1'9 y' � {��•: , •.F,,.is ii*+ "1:�1,�'�"•A.y�.''`i r .r{J_ , �. �` ;f 'u '�' 41'�i''d" r.•. c.''1• � @@ r' ,� '„*'+�.'�•r7ri4�'f,✓'��:P.. , ',` Yip,... I, ;:• rr '� " r � w' ''arit •�•. t r t-{'.: •• .�; ., !•�l"])( 'r ',i�' .7 i .:R''�1 � � ti'1 Cs':.:.1..:1�5!,:�►l..y:�Grs;.r:.1a:.,t,iL�.t.�.:sL:w"...::.ak��' :::....:i..::.V — 954954.1 . tdai.led notice of meetings, on requen t theref r: Charge The legislative body of any district which is sul ,ect to the provisions of this chanter shall give mailed notice of every regular meeting, and any special meeting which is called at least one week prior to the irate set for the meeting, to any owner of property located within the district -,;,o has filed a written request for such notice with the legislative body. Any mailed I notice required pursuant to this section shall be mailed at .Least one week prior to the date set for the meeting to Which it applies except that the legislative body may dive such notice as it dee,ns practical of special meetings called less than seven days prior to the date set for the neeting. Any request for notice filed pursuant to this section shall be valid for one year from the da+_e on which it is filed unless a renewal request iz filed. Renewal requests for notice shall be filed within 90 days after January 1 of each year. Any request for notice, or renewal request, filed pursuant to this section shall contain a description of the property owned by the person filing the request. Such description dray be in general terms but shall be sufficient enough to readily identify such property. The legislative body may establish a reasonable annual charge for sending such notice based on the estimated cost of providing such a service . 554955. Adjournment of meetings The legislative body of a local agency may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. Less thar a quorum may so adjourn from time to time. If all members are absent from any regular or adjourned regular meeting the clerk or secretary of the legislative body may declare the meeting adjourned to a stated time and place and he shall cause a written notice of the adjournment to be given in the same manner as provided in Section 5495E for special meetings, unless such notice is waived -as provided for special meetings. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the regular, adjourned regular, special or adjourned special meeting was held within 24 hours after the time of the adjournment. When a regular or adjourned regular meeting is adjourned as provided in this section, r_: e resulting adjourned regular mA?ting is a regular meeting for ell purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hoer specified for regular meetings by ordinance, resolution, bylaw, or other rule. 554955.1. Continuance of hearing to subsev,'tent meeting Any he^ring being held , or noticed or ordered to be held, by a legislative body of a local agency at any meeting may by order or notice of continuance be continued or reconFinued to any subsequent meeting of the legislative body in the s;-. manner and to the same extent set forth in Section 54955 for the -djournment of meetings; provided, that if the hearing is continued to a time less than 24 hours after the time specified in the order or notice of hearing , a copy of the order or notice of continuance of hearing shall be posted immediately following the meet ing at which the order or declaration of continuance was adopted or mace. 4- 4 554955. Special meetings A special meeting may be called at any time by the presiding officer of the legislative body of a local agency, or by a rajority of the members of the legislative body, by delivering personally or by mail written notice to each member of the legislative body and to each local newspaper of general circulation, radio or television station requesting notice in writing. Such notice shall be delivered personally or uv mail and shall be received at least 24 hours before ' he time of such meeting as specified in th►; notice. The call and notice stall specify the time and place of thti special meeting and the business to he transacted. No other business shall be considered at such meetings by the ]ecislative body. Such written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the clerk or secretary of the legislative body a written waiver of notice. Such Waiver may be given by teliaram. Such written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. Notice shall be required pursuant to this section regardless of whether any action is taken at the special meeting. S54956.5. Emergency meetings; Notice in the case of an emergency situation involving matters upon which prompt action is neces_-ary due to the disruption or threatened disruption of public facilities, a legislative body may hold an emergency meeting without complying with the 24--hour notice requirement of Section 54956. For the purposes of this section, "emergency situation" means any of the following: (a) Work stoppage or other activity which severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body. (b) Crippling disaster which severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body. However, each local newspaper of general circulation and radio or television station which has requested notice of special meetings pursuant to Section 54956 shall be notified by the presiding officer of the legislative body, or designee thereof, one hour prior to %:he eme-!:�-ncy meeting by telephone and shall exhaust all telephone numbers provided in the most recent request of such newspaper or station for notification of special meetings. In the event that telephone services are not functioning the notice requirements of this section shall be deerred waived, and the legislative body, or designee thereof, shall notify such newspapers, radio stations, or television stations of the fact of the holding of the special meeting, the purpose of the meeting , and any action taken at the meeting as soon after the meeting as possible. ' Notwithstanding the provisions of Section 54957, the legislative body shall not meet in closed session during a meeting called pursuant to this section. All special meeting requirements, as prescribed in Section 54956 shall be applicable to a meeting called pursuant to this section, with the exception of the 24-hour notice requirement. -5- i 1 SIR I The minutes of a meeting called pursuant to this section, a list of persons who the presiding officer of the legislative body, or designee theriof, notified or attempted to notify, a copy of the rollcall vote, and ar.y actions taken at such meeting shall be posted for a minimum. of 10 dnys in a public place as soon after the meeting as possible. 554956.6. Fees ` No fees may be charged by the legislative body of a local agency 'for carrying out any provision of this chapter, except as specifi- cally authorized by this chapter. S54956.7. Issuance of license or renewal to person with criminal record; Determination in closed session.; Withdrawal of application; Confidentiality Whenever a legislative body of a local agency determines that it is necessary to discuss and determine whether an applicant for a license or license renewal, who has a criminal record, is sufficiently rehabilitated to obtain the license, the legislative body mat, hold a closed session with the applicant and the applicant's attorney, if any, for the purpose of holding the discussion and making the determination. If the legislative body determines, as a result of the closed session, that he issuance or renewal of the license should be denied, the applicant shall be offered the opportunity to withdraw the application. If the applicant withdraws the application, no record shall be kept of the z discussions or decisions made at the closed session and all matters relating to the closed session shall be confidential. If the applicant does noc withdraw the application, the legislative body shall take action at the public meeting during which the closed aession is held or at its next public meeting denying the application for the license but all matters relating to the closed session are confidential and shall not be disclosed without the consent of the applicant, except in an action by an applicant who has been denied a license challenging the denial of the license. S54956.8. Real property transactions; closed meeting with negotiator Notwithstanding any other provision of this chapter, a legislative body of a local agency may hold a closed nessi.on with its negotiator prior to the purchase, sale, exchange, or lease of Leal property by •:)r for the local agency to give instructions to its negotiator regarding the price and terns of payment for the purchase, sale, exchange, or lease. However, prior to the closed session, the legislative body of the local agency shall hold an open and public session in which it identifies the real property or teal properties which the negotiations may concern and the person or persons with whom its negotiator may negotiate. For the purpose of this sectio;i, the negotiator may be a member of the legislative body of the local agency. • I For purposes of this section, "lease" includes renewal or renegotiation of a lease. Nothing in this section shall preclude a local agency from holding a closed session for discussions regarding eminent dom aiZ proceedings pursuant to Section 54956.9. 554956.9. Fending litigation; closed session; notice; memorandum Nothing in this chapter shall be construed to prevent a legislative body of a local agency, based on advice of is legal counsa.1 , from holding a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the positior of the local agency in the litigation. For purposes of this section, litigation shall be considered pending when any of the following circumstances exist: (a) An adjudicatory proceeding befor^ a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator, to which the local agency is a party, has been initiated formally. (b) (1) A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal i counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency; or f (2) Based on existing facts and circumstances, the legislative 1 bony of the local agency is meeting only to decide whether a closed session is authorized pursuant to paragraph (1) of this subdivision. (c) Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation. Prior to holding a closed session pursuant to this section, the legislative body of the local agency shall state publicly to which subdivision it is pursuant. If the session is closed pursuant to subdivision (a) , the body shall state the title of or otherwise specifically identify the litigation to be discussed unless the body states that to do so would jeopardize the agency' s ability to effectuate service of process upon one or more unserved parties, or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage. The legal counsel of the lcgislative body of the local agency shall prepare and submit to the body a memorandum stating the specific reasons and legal authority for the closed session. If the closed session is pursuant to subdivision (a) , the memorandum shall include the title of the litigation. if the closed session is pursuant to subdivision (b) or (c) , the memorandum shall include the existing facts and circumstances on which it is based. The legal counsel shall submit the memorandum to the body prior to the closed session if feasible, and in any case no later than one week after the closed session. The memorandum shall be exempt from disclosure pursuant to Section 6254.1. For purposes of this section, "litigation" includes any adjudicatory proceedings, including eminent domain, before a court, administrative body exercising its adjudicatory authority, hearing officer, o; arbitrator. i _7_ I 554957 . Closed ue--.moons Nothing container] in this chapter shall be construed to prevent the legislative body of a local agency from holding closed sessions with the AL•totnay General, district attorney, sheriff, or chief of police, or ti,eir respective deputies, on matters posing a threat to the security of pubic building:5 or a threat to the public' s right of access to public services or public facilities, or frcm holding closed sessions during a regular or special meeting to consider the appointment, employment, evaluation of performance, or dismissal of a public employee or to hear complaints or charges brought against such employee by another person or employee unless such employee requests a public hearing. The legislative body also may Exclude from any such public or closed meeting, durinq the examination of the witness, any or all other witnesses in the matter being investigated by the legislative body. For the purposes of this section, the term "employee" shall not include ant person. elected to officer or appointed to an office by the legislative body of a local agency; provided, however, that nonjlective positions of city manager, county administrator, city attorney, county counsel, or a department head or other similar administrative officer of a local agency shall be considered employee positions; and provided, further that nonelective positions of general manager, chief engineer, legal counsel, district secretary, auditor, assessor, treasurer, or tax collector of any governmental district supplying services within limited boundaries shall be deemed employee positions. Nothing in this chapter shall be construed to prevent any board, commission, committee, or other body organized and operated by any prig►ate organization as defined in Section 54952 from holding closed sessions to consider (a) matters affecting the national security, or (b) the appointment, employment, evalu:.tion or per- formance or dismissal of an employee or to hear complaints or charges brought against such employee by another person or employee unless such employee requests a public hearing. Such body also may exclude from any such public or closed meeting, during the examination of a witness, any or all other witnesses in the matter being investigated by the legislative body. 554957.1 . Public report of employment decisions sport at The legislative body of any local agency shall publicly r the public meeting during which the closed session is held or at its next public meeting any action taken, and any roll call vote thereon, to appoint, employ, or dismiss a public employee arising cut of any closed session or the legislative body. g54957.2. Minute book. (a) The legislative body of a local agency may, by ordinance or resolution, designate a clerk or other officer or employee of the local agency who shall then attend each closed session of the legislative body and keep and enter in a minute book a record of topics discussed and decisions made at the meeting. The minute book made pursuant to W.s section is not a public record subject to inspection Pursuant to the California Public Records Act (Chapter 3 .5 (commencing with Section 6250) of Division 7 of Title l) , and shall be kept confidential. The minute book shall be -S- .. .. WA •.y l Elm :avai1abl(? nnlY t ,nrF. sir tV, :,:giclative body or, if a violation r)f. thit: 1•hr�: :ear it nIis-jr.-d to have occurred at a closed session , tc n c•c�ur t c,f c�hn�rr��] iurisdiction wherein the local , agency lies. such mishit-r lhook may, but need not, consist of a � recording of thcr cl osc,d ser n ion. f 554957.5. Agenda and other "writing" as public record;Inspection (a) notwithstanding Section 6255 or any other provisions of law, agendas of public meetings and other writings, when distributed to ail, or a majority of all , of the members of a legislative body of a local aaEncy by a membe►, officer, employee, or agent of such body for discussion or consideration at a 1 •- i.ic meeting of such body, are public records under the California Public Records Act (Chapter 3. 5 ( commencing with Section 6250) of Division 7 of Title i 1) as soon as distributed, and shall be made available pursuant to Sections 6253 and 6256. However, this section shall not include any writing exempt from public disclosure under Section 6253.5, 6254 , or 6254 .7. (b) Vritings which are public records under subdivision (a) and which are distributed prior to commencement of at public meeting shall be made available for public inspection upon request prior to the commencement of such meeting. (c) writings which are public records under subdivision (a) and which are distributed during a public meeting and prior to commencement of their discussion at such weeting shall be made available for public inspection prior to commencement of, and during , their discussion at such meeting. i (d) Writings which are public records under subdivision (a) and which are distributed during their discussion at a public meeting I shall be made available for public inspection immediately or as soon thereafter as is practicable. (e) Nothing in this section shall be construed to prevent the legislative body of a local agency from charging a fee or deposit for a copy of a public record pursuant to Section 6257. The writings described in subdivisions (b) , (c) , and (d) are subject to the requirements of the California Public Records Act (Chapter 3.5 (commencing with Section 6250) , Division 71 Title 1) , and subdivisions (b) , ( c) , and (d) shall not be construed to exempt from public inspection any record covered by that act, or to limit the public' s right to inspect any record required to he disclosed by that act. This section shall not be construed to be applicable to any writings solely because they are properly discussed in a closed session of a legislative body of the local agency. Nothing in this chapter shall be construed to require a legislative body or a local agency to place any paid advertisement or any other paid notice in any publication. ( f) "Writing" for purposes of this section mer�:rw "writing" as defined under Section 6252. : 554957.6. Closed sessions; legislative body of local agencies; salaries, salary schedules or fringe benefits Notwithstanding any other provision of law, a legislative body of a local agency may hold closed sessions with the local agency' s designated representati-es regarding the salaries, salary -9- schedules, or compensation paid in the form of fringe benefits of its represented an6 unrepresented employees. Closed sessions of a legislative body of a local agency, as permitted in this section, shall be for the purpose of reviewing its position and instructing the local agency' s designated representatives. Closed sessions, as permitted in this section, may take place prior to and during consultations and discussions with representatives of employee organizations and unrepresented employees. For the purposes enumerated in this section, a legislative body of a local agency may also meat with a state conciliator who has itatervened in the proceedings. S54957.7. Statement of reasons for closed session Prior to or after holding any closed session, the legislative body of the local agency shall state the general reason or reasons for , the closed session, and may cite the statutory authority, including the specific section and subdivision, or other legal authority under which the session is being held. In the closed session, the legislative body may consider only those matters covered in its statement. in the case of special, adjourned, and continued meetings, the statement shall be made as part of the notice provided for the special, adjourned, or continued meeting. Nothing in this section shall require or authorize the giving of names or other information which would constitute an invasion of privacy or otherwise unnecessarily divulge the particular facts concerning the closed session. S54957.9. Authorization to clear room where meeting willfully I interrupted, etc. in the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of auch meeting unfeasible and order cannot be restored by re:loval of individuals who are wi.11tully interruptinq the meeting, the members of the legislative body conducting the meeting may order the meeting, room cleared and continue in session. only matters appearing on the agenda may be considered in such a session. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any sessior held pursuant to this section. Nothing in this section shall prohibit the legislative body from establishing a procedur:• for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting. 554958. Application of chapter The provisions cf this chapter shall apply to the legislative body of every local agency notwithstanding the conflicting provisions of any other state law. 554959. Participation in deliberations in violation of this chapter a misdemeanor of such Each member of a legislative body who attends a meeting legiblative body where action is taken in violation of any provision of this chapter, with knowledge of the fact that the meeting is in violation thereof, is guilty of a misdemeanor. -1C- i i 554960. Act:,.on against violation or threatened violations of this chapter Any interested person may commence an action by mandamus, injunction or declaratory relief for the purpose of stopping or preventinq violations or threatened violations of this chapter by members of the legislative body of a local agency or to determine the applicability of this chapter to actions or thrt itened future action of the legislative body. $54960.5. Costs and attorney fees A court my award court costs and reasonable attorney fees to the plaintiff in an action brought pursuant to Section 54960 where it is found that a legislative * body of the local agency has violated the provisions of this article. Such costs and fees shall be paid by the local agency and shall roc become a personal liability of any public officer or employee thereof. A court may award court costs and reasonable attorney :Fees to the defendant in any action brought pursuant to Section 54960 where the defendant has prevailed in a final determination of such action and the court finds that the action iaas clearly firvolous and totally lacking in merit. 554961. Meeting places; Discriminatory admission policies; No local agency shall conduct any meeting, conference, or other function in any facility that prohibits the admittance of any person, or persons, on the basis of race, religious creed, color, national origin, ancestry, or sex. This section shall apply to every local agency as defined in Section 54951, 54951 .11 or 54951.7. 4 f -11- e �7 STUDY SESSIONS Study nessions, often called "work sessions", are. urually scheduled Just prior to or after a regular or adjourned regular meting. They may also sometimes be scheduled at other eapecificd times. Such sessions are informal, though public, and many city councilL have theme sessions at a location other than the city couveil chambers, generally where rousid-table: discussion is posvible. It should be noted that study or work sesslars, like any other public meeting where a city council quorum is rresent, are public and � sus:cnptible to regulation by the Browta Act. Some City Attorneys have ruled that the city council must cori,enr for roll call before beginning a study session when such session in scheduled prior to a regular meeting;, and that such intention to hold a study session mist. be noted on the published agenda. I. RECESSES Recesses are generally called by the Mayor, with the concurrence of the city council, and for a s;pecii teed period of time. Recesses are not a device a city council my employ to avoid the: Brown Act, and so a city council should meticulously refrain from having a quorum session in a back room or any appearance of having conducted public business during the recess. The city clerk merely notes the fna_L of the recess for the record, the time of reconvening the meting, and the city council mewbers present at that point. J. EXECUTIVE SLSSIMS + There are only three occasions as city council is permitted to a►eet privately. The Brown 1%!t specifies an executive or personnel session may be held during a council meeting to consider the appointment, employment or dismissal of a public officer or employee (Cov. C. 54957) and also provides that a city council may hold executive sessions with its designated repre- sentatives prior to and during they "meet and confer" process with employee organisations (Gov. C. 54957.6) . 'rhe law also recognizes the right to tweet in private wide the City Attorney tr, dincust; pend?ng or threatened legal action. Many City Attorneys; asdvisac rhat the, intent tv hold an executive session must be noticed on the foru>al ngvndu .anti that, as with study or work session+~, the city council tnuf:t conveenet for roll call prior to recessing to executive sessions. The city council has th. opt ion tag requetat the presence of n pet Af it staff advisors, such as: they City Winagetr or ri t y Attotney. 'me: v it y clerk attendn executive; sessions only on 1'e!qur.st of. t ht� city council, a -1d tr+ minutes are created. f 48 , f , a I I i When variations from this pattern occur, or the ri►.y counrLl it; accustomed to JA ink i'iRi' ; it shMId Be noted that tie strictures of the Public Ytecords Law apply aid may influence cities to chan a lore elan n(: practices K. PARTICIPATION BY THE PUBLIC r City council essetings are prisaarily structured to permit members of tje city council to arrive at the decisions necessary to govern the city. c some cities this grecludee public participation except where various odea require a public hearing. Where participation by the public is a matter of requirewnt under a 'specific code, the major emphasis is to ensure that all who wished to par- ticipate have been recognized and heard. A convenient method is the use of a speaker's card (Exh.V11I-a). Whether the Mayor recognizes speakers on a first-come first-served basis, or whether speakers are required to de- clare themselves pro or con for purposes of structuring the hearing is a chatter of local preference. The extent to which members of the pubtio are invited to participate regarding other agenda items is again a matter of local custom. Some cities simply require a person to approach the microphone in order to be recognized. Some cities ask that such public presentations be held until all printed agenda setters have been handled. Come cities have experienced so such interest in public partir Lpation and presentations they have found it necessary to adopt rather strict rules. Exh. VIII-b shows examples of how several O ties attempt to handle public presentations in an orderly fashion. L. DISTURBANCES AT CITY COUNCIL MEETINGS A relatively recent phenomenon has been the disruptio►i of city council meetings, and such disruptions have occurred regularly ir, certain cities, occasionally in others. Preplanning for such an eventuality is priulent. City clerks should confer with this Fire Marshal to determine the limitation he sets on the number of persona in the city ccrincil chambers. It may be necessary to havo a representative of the Firs Marshal present at tsetings where this limit might be exceeded. If at all possible, the city council should have a room to be used as an exit room for recesses so that in the event of disruption they will not be required to ex{t through the audience. 6-6any cities immediat2ly recess the meeting when expected decorum in lost. The eity zlerk should be pre- pared to turn off the microphone system in such an eventuality. 49 I 15 December 1975 I TO: Merrners of the City Council City Administi -,.tor FROM: City Attorney SUBJECT: Ralph M. Brown Act i Transmitted herewith is a paper, dated .lugust 1975, on the Ralph M. Brown Act--Open Public Meetings, from the League of California Cities, containing: i 1. An e::planatory letter from gill Keiser, Legislative Counsel and Don Benninghoven, Executive 'director of the League. Note that the Attorney General monograph published in 1972 (see footnote on page 2 of the Keiser--Benninghoven letter) was mailed to you by the City Attorney about two years ago. 2. The next of the Brown Act, California Government Code Sections 54950 et seq. to which we have added the amendments and additions which will go into effect January 1, 1976. 3. A very good paper written by Frank Gil.lio, City Attorney of Los Altos Hills and Millbrae. i The new provisions which go into effect January 1, 1975 are sum- ma.-ized as Follows : 1. Section 54952.3 is amended to include in the definition of "legislative body" any advisory commission, advisory com- mittee or advisory body of a local agency created by a member of the governing bow. 2. Section 54Q57 is amended to narrow the "personnel" ex- ception to the open meeting requirement by excluding, in effect, from executive sessions and thus --equiring an open meeting for the consideration of the "appointment, employment or dismissal ci or to hear complaints or charges brought against" any person appointed to an office by the legislative body; provided, how- ever, that nonelective positions of city mana er city attorney � P Y g , Y J or department heads shall be considered employee positions . We interpret this to mean that open meetings are required in cases of the "appointment, employment or, dismissal or to hear it I A L ,lemhers of the c;1.t;; Ce-unell 11; heoemb( r and City Adminisorator Page 2 Ralph M. Brovin Act; complaints or charges hroutrht against" (a) members of boards, commissions , committees, and (b) elective positions of council- person, city attorney, city clerlt and city treasurer. Of course, the only authority the Council has with respect to elected of- ficers is to consider an appointment to fill a vacancy. I have checked this interpretation with Carlyn Reed, Chief .Staff Attorney for the League and she concurs . However, Mrs. Reed has promised to check with William Keiser, Legislative Counsel of the League and other staff attorneys at the League office and will communi-- cat•-� with r ) if our interpreta ' on does not represent a consensus. 3. Section 511957.1 is added to require that the city council shall "publicly report at a subsequent public meeting any action taken, and the roll call vote thereon, to appoint, employ, or dis- miss a public employee arising out of any executive session of the legislative body." it has always been valid to take action, including taking a vote, in executive session and it has not been necessary to report •'che action taken (including the vote) at a public meeting. I{owever, this will change on January 1, 1976, when the action taken (In- eluding the vote) in executive .session :rust be publicly reported at a subsequent public meeting, in connection with the appoint- ment, employment or dismissal of a public employee. With re:sppct to all other matters , no public report must be made . This em- phasizes the reason why , as the City Attorney has frequently ad- vised for years , executive minutes st;juld be made of actions taken (including roll call votes) in executive sessions. 4. Section 54960. 5 is added to permit a court to award court costs and reasonable attorney fees to the plaintiff in an action to enforce the Brown Act and that such costs and fees .shall be paid by the city and not become a personal liability of any public officer or employee. This section also provides that the court may award court costs and reasonable attorney fees to a defendant in any such action where the defendant hao prevailed and the court finds that the action was "clearly 1'riv- olous and totally lacking in merit ." There is no easy shortcut to understanding the Ralph M. Brown Act . It is very vague and ambiguous in some of its sections. Ih I, i I• I i 5 t� 1 f ,:► �' day ' Me, b-r:, of tt!e City Counci? 15 Pecemiber 1.975 and City Administrator Page 3 Ralph M. Brown Act I commer:d this transmittal to your serious study. Should yov have queS-jons , I shall be pleased to assist you. Respectfully submitted , 00 or��� DON P. BONPA City Attorney DPB:ahb f Attachment I ' 1 li 4 III :1 SA1 — 10— --11-- sibs 1 .. county or a examinatior. of facts and data outside the territory of the � admla�tr�•. ecuns�.� 2 local ngency s'-A be held within the terrtory of the local 2 .de ���tiue oU 3 agency and s�be open and public: and nc;txce thereof I �� ' '` ,ee -4 must be delivered personally or by mail fat leest 2.4 hour 4 an prate Cher that noneiect:ve positio5 before the tune of such meeting to each person who has 5general manager, chief engineer, legal counsel, di6 requestod, in writing, notice ofsuch meeting. 6 secretory, auditor, assessor, treasurer or tax collect7 If the advisory commission, commAtee or body elects 7 any governmental &: 'xict supplying services w 8 to provide for the holding of regular meetings, it shall 8 limited boundaries shall be deemed employee 12L20si 9 provide by bylaws, or by whatever other rule is utdi.-Anl 9 Nothing in this chapter shall be constru o prevent 19 by that advisory body fc- the conduct of its business, for 10 board, commission, committee, or other body i I tfie time and place for holding suet regular meetings.No 11 organized and operated, by any private organization as i2 other notice of regular meetings is required. 12 defined iii Section 54952 from holding executive sessions 13 "Legislative body" as defined in tL--- Eeciion does not , 13 to consider (a) matters affecting the national security,or 14 include a committee comp sed-solely of members of the 14 (b) the appoiz-t-rent, employment or dismissal of mi 15 governing body of a local --gency which are less than a 15 employee or to hear complaints or charges brought 16 quorum of such governis.,_ body. 16 against such . :nployee by another person or employee 1; The provisions of Sections 549.54, 5M%15, M955.I, and 17 unless such employee requests a public hearing. Said i3 54956 shall n + v to meetings under this section. 18 body also may exclude from env such public or private ' &F—r= _ r Mien S�?957 of-the Government la m?eting, during the examination of a witness, any or all 20 C-ade is-aftlfded to read: 1 20 other witnesses in the matter being investigated by 'he 21 54957. Nothing contained in this chapter shall be J 21 legislative body. 22 construed to prevent the legislati;e- body-of--a--kj6l- SET -14 SEC. 9. Section 54957.1 is added to the ` 23 agency from holding executive sessions with the Attorney 23 Government Code, to read: 514 Ceneral dis-trict attorney, sherii-f or nhief of police, or 24 54957.1. The iegislative body of any local agency shall .. _5 theirrespective deputies, on matters posing a threat to � publicly.port at R subsequent pub..c meeting am action w' 23 tine security of public buildings or a threat to the public's 26 tuken,and the rollcall vote thereon, to appoi::., e'n ploy, 27 tight of access to public services or public facilities, or � L7 or dismiss a public employee arising out of any ex;�cutivc `3 f:oni holding executive sessions during a regular ar 28 session of the legislative body. am& special meeting to consider • the- -sue i SEC. Ia. Section 54960.E is added to the •30 employment or dismissal of a-public emplogee•ar-tv4weat 30 Government Code, to read: 31 complaints or charges brought 31 54950.5. A court may award court costs and another -person pr• cmploye2"tinless`-sd6Lo'•'enfflO.ajt* 1 32 reasonable attorney fees to the plaintiff in an action i3 req<ests a public hearing.'The legislative body also.may 33 brought pursuant to Section 5496(.' where it is found that n de from any such public or private me:eiirag,dosing 34 the loci agency hay violated the provisions of this a-ti^1��. Ik 35 the examination of a witness,any or all other witnesses in 35 Sues costs and fees shall be paid by the local agency a-id G6 the matter being investigated by the legislative'body. 36 shall not become a personal liabi:ity of any public officer o, or the purposes of this secWM, the terin"emplay�aa; 37 or employee thereof. <� sh��'.1 not include an arson a 38 A court may award court costs and reasonable at turuec• Y pe ppoinked too- i affice*tbe � 39 ft-vi•.iative body of a local agency; provided, however, 39 fees to a defendant in any action brought pursuant !�► .0 Ciat nonelective positions of city mmnager, county, 40 Section 54J:iG where the defendant has prevailed in a A Sa1 — 12— 1 final determination o►sach action and the court finds that 2the action was clearly ii-Jo1_otxs and- cotaR v lacking in � . 3 merit. _ 1 4 fiW: 33 SEC. 11. No appropriation is rnade by this 5 act, nor is any obligation created thereby under Section � 6 2231 of the Revenue and Taxation Code, for the 7 reimbursement of any local agency for any costs that may 8 be incurred by it in carrying on any programs or y pzrforming any service required to be carri-d on or 10 performed by it by this act. h I a ' 1 i , r -7 J 1 'goo 0� _ Simi�7r NiM League cif California CitiesNEW=-91111111011111111,C:1'do"I.l GlLc; Sacramento, California August 1975 TO: Mayors, Council Members, City Manager:, City Clerks and City Attorneys SUBJECT: :'_:ilph hl . Brown Act' -- Open Public Meetings I A year ago the League sent a ' Ti .,ors, managers, clerks and attorneys a copy of an analysis of the Rrlph M . Brown Act prepared by Frank Gillio, City Attorney of Los Altos Hills and Millbrae. Because of the importance of the Act to all members of local legislative bodies, we have added all council mewbe:s to this mailing. Frequent at- tempts to further amend the Brown Act making it impractical and unworkable also suggest that in addition to the Gillio analysis and a copy of the Act itself, it would be desirable to review its history, as well as its current provisions, co that individual ' members of local legislative bodies will be fully aware of open meeting requirements and also be in a better position to discuss proposed amendments with their legislators. A detWed legislative history of all Senate and Assembly bills affecting the Brown Act from 1953 to 1975 has been included only in the city ■tiorneys mailing. The Brown Act was the forerunner of legislation designed to open up all levels of government to the public. Co-eponsored by the League of California Cities and the California Newspaper Publishers Association it was adopted in 1953 to give new ilgor to Izentury-old public meeting laws that were all boo frequently ignored. It also ex- tended the open meeting requirements to it wide variety of local public agencies, boards and commissions not then covered by an open meeting law. The very earliest statutes in California's first legislative ser.aion in 1050 provided with resepect to cities generally "A city ahull, by ordinance, fix the timen and placoa of holding their stated meetings, . . . . , and their proceedings shrdl_ be public." (Sectiun 10, Chapter 14, Statutes 1850.) fietween 1850 and 1879 a similar provision was included in each special act creating a city and in 1883 with the adoption of the Municipal Corporations Act under which general law cities were formtd, Section 858 (Government Code Section 36808) provided "All meetings shall be public." (Chapter 49, Statutes 1885.) Evrry char- ier adopted pursuant to Article XI of the Constitution has included a provision requiring council meetings to be public. The Brown Act threw the spotlight of compliance on open meeting laws and unlawful secret meetings today are both rare and hazardous. In extending the open meeting law to all loci.1 juriadictions, boards and c,9mmissions and focusing the public's attention on open meeting 1Rws, the Brown Act declared IV *Government Code Sections 54050-54961 (attached) . ;TnEET `eG11AIlE1,TC 5591i b1;T{; (:,AAEl+G�/T 13F11•EIt( 5i70', :C?�nl TON CENTtp • LO; A11,ELE"; X1117 .. r; tti .71'J 1liCi sit•.^.d1 17171 IN.i7;1 • is the intent of the inw that their (legii'!ati•ie 1-odir--O actions be taken openly and that their deliberations be: condor:ted openly." Aii enacted in 19`3. the Brown act required all meetings of a legislative body of a local agency to be open and public and granted all perbons the .right to attend such meetings. "Legislative body" was broadly defined to include not only all local governing bodies but also local boards and commies i. "Local agency" also was broadly defined to include every type of local public body. Each legislative body of a local agency was required by ordinance or revolution to provide for the conduct of its meetings including the tune and plane thereof. Provision was in-tide for the holding of special meetings provided 24 hours notice of the meeting was giver. to all news media requesting written notice. Notice of the special meeting had to contain the time and place of the meeting as well ar the business to be traneacted. No other business could be considered. Executive sessions were limited to the consi- deration of the appointment, employment or dismissal of public officers or employees or to hear complaints or charges brought against such officers or employees. While the Brown Act as enacted in 1953 did nct include a penalty or a method of enforcement, the first appellate decieion to interpret the law held that two exis'.ing provisions of other statutes prescribed a misdemeanor penalty. (Government Code Section 1222; Penal Code Section 177.) The first major revision of the Brown Act occurred in 1961 when Governor (Pat) Brown vetoed one bill which, among other things, would have made any action taken in violation of the Brown Act void but approved a substantially nimilar bill which ex- cluded the objectionable section. The 1901 legislation added a short tine, definition of legislative body and, more importantly, a definition of "action taken" as wpll as two methods of enforcing the open meeting law. It mane each member of the legislative body attending a meeting in violation of the Act with knowledge of the fact that the maeting was in violation thereof guilty of a misdemeanor. It also authorized any interested person to bring an action to prevent the holding or threatened holding of closed meetings. The law also has been amended from time to time to make it expressly applicable to charter cities, to include advisory bodies and to require mailed notice of meetings to property owners by public districts. As Mr. Gillio's paper clearly indicates, the courts, and particularly the Attorney General, have had many occasions to interpret the Act.* They both agree that it oppliea to all meetings of a majority of the members of the legislative body where public business is diacunaed. The Act does not apply to social gatherings and the difference between a social gathering and a meeting arranged for pursuit of the peblic'e business will usually be quite apparent as Justice Friedman noted in Sacramento Newspaper Guild v. Sacramento County, 293 C.A. 2d 41. Thus, while the criminnl penalty applies only to unlawful meetings where action ie taken, the courts may enjoin any meeting or threatened meeting where (lie public business of the particular local agency is diacussed or deliberated. Attempts have been made almost every year to extend the Brovm Act to committees of less than a quorum notwithstanding the fact that such committees or individuals cannot take action. The courts and the Attorney General have st,ateri: "1n general terms, the concept is that the Act does na: app&to meetings *Secret Meeting Laws Applicable to Public Agencies - Evelle J. Younger, Attorney General, Jan. 1972; Boom 600, State Building, 550 fl7cAlliater, San Francisco 94102 of committees of less than a quorun, of the legislative body of the local agency. This is because the findings of such a committee have not been deliberated upon by a quorum *f the legislative body, and consequently the opportunity for a full public hearing and consideration of the committees' findinga and recommendations by a quorum still remains:. Hence the public's rights under the Act are still proiecteee ." The Legislature also has rejected attempts to limit the court-approved executive session which permits the city attorney to meet with the city council to discuss pending or anticipated litigation in order to prevent the city's adversary from gaining an unfair advantage to the detriment of the public generally. One cord of caution. As we said last year, there are very few exceptions to the ! open meeting requirements of the Brown Act and Mr. Gillio discusses them in eosze retail and points out that the so-called "personnel" session exception is a narrow � one. Executive sessions may not be held to consider so-called "personnel" matters. The Brown Act only permits an executive session to consider the appointment, employ- ment or dismissal of a public officer or employee or to hear complaints or charges brought against such ccifficer or employee. It tlao permits a legislative body to meet In executive session with its desjignat.2d representatives prior to and during labor � negotiations to discuss salaries , ,Mary schedules and fringe benefits when necessary to reviaw the city's position and instruct z;uch representative. These are very speci- fic exceptions. In giving notice to news media of r proposed execuf- .e session, the notice shauld be in the language of the statute and not simply that a so-called "person- nel" matter is to be discussed. The Brown Act haE been a model for the rest of the country. It was one of the first giving renewed strength to public meeting laws and it has served au a good example for state agencies and the Legislature itself. Properly adhered to and enforced, there probably is no better open meeting law in the cvunLry. It hts been o major factor in maintaining good government in California. Amendments other than for purposes of clarification or to take care of changing conditions in the administration of the publicle business, e.g., labor negotiations, are unnecessary and should be avoided. With full knowledge of the Act and its history, you will be in the best possible position to preserve a workable open meeting law for the purposes intended by its3 s,:,..:tsors and by Ralph M. Brown. William If . Ke ser lion Ben.itighoven Legislative Counael Exr-�:utivea Director -3 BROWL? ACT - Council Meetings (Government Code) 54950. In enacting this chapter, the I.egir;lature finds and declares that the public ccmmissions, boards and councils and the other public agencies in this Stare exist co aid in the conduct of time people's businebs. It is the intent of the law that their actions be taken openly and that their deliberations be conducted open- ly. The people of this Stnte do not yield choir sovereignty to the ageaciea.which serve them. The people; in delegating authority, do not give trait public servants the right to decide what is good for the people tR knot., and what la not good for them to know. The people insist on remaining informed so that they may recein con- trol over thz instruments they have created. 54950.5. Thin chapter shall be known as the i.alph M. Brown Act. 54951. As Div 2d in thin chapter, "local agency" memo a county, city, whether general law or ci::.rtered, city and county, towr:, school diptrict, municipal cnrpor- ation, district, political oubdivieion, arc any board, comelsoiou or Agency th4r20f, or other local public agency. 54951.1. For the purposes of this clispter, and to the extent not inconsistent with federal law, tLe tei m "local agency" shall include all private nonprofit or- ganizations that receive public money to be expended :or public purposes pu rouant to the "Ecoa=ic dpportuaity Act of 1964". 54951.7. "Local agency" includes any nonprofit corporation, crested by one or more public agacciss, whose boerd of diractore is appoluted by Ruch public sgencies and wbIch is formed to acquire, =struct, raconatruet, emaintain or operate any public work project. 54452. An used in this c►ispter, "Ielt A.s?lative body" menus the governing board, commission, directors or body of a local c3ency, or czy board or commission thereof, and shall inelnde any board, cosmisslow, cov mittae, or other body on which off",ccra of a local ,agency serve in their official capacity is mmmemt•erit and which is supported in whole or in part b; funds provided by such agency, whetber suet board, commniaw sion, com;mittes or other body +o arganimtcd and operated by such local sgcnc7 or by a private corporation. i 54952.3. As used in this chapter, "legiolati-ve bely" alco included any odvl- sovy commission, advisory comaaittes or advivary body of a local agency, created by charter, ordinance, resolution, or by any slallar fozzal action of a governing body of a local agency. Meetings of such advisory commissions, committet«t or bodies cone-rniag sub- ;ects which do not require an exA mina Lion of facts anti data outside (. territory of the local agency rhall be held within tLe tarmritory cf the local ej,!nzy and *hill be open end public, and notice thereof w;at be dttl:i.vered perixooally or by mail at least 24 hours before the tine of such meeting to each person whu has re- quested, in writing, notice of such tataettup,,. If the advisory cam missica, commmctittre ar body elects try provide for the hold- ing of regular ueetings, it shall provide by bylai;s, or by whatever other rule is utilized by that advisory body iox the conduct of item business, for then tip acd place for holding such regular meetings. No other notice of .vgulsr zeatings is required. 8/'75 "Legislative body" as defined in this ne,�tion does not include a co=ittee composed solely of members of the governing body of a local agency which are less than a quorum of such governing body. The proviulons of Sections 54954, 54955. 54955.1, and 54956 shall not apply to meetings under this section. 54952.5. As used in this chapter, "legislative body" also lvcludes, but is not limtted to, planning commissions, library boards, recrention commissions, and .ether permanent boards or cowmtssions of a local agency. 54952.6. As used in this chapter, "action taken" means a collective decision made by a majority of the members of a legislative body, a co;lective commitment or promise by a majority of the mexLers of a legislative body to make a positive or a negative decision, or can actual vote by a majority of the members of a legis- lative body when sitting as a body or entity, upon a rotion, proposal, resolution, order or ordinance. 54953. All meetings of the legislative body of n local agency shall be open and public, a^d all persons shall be permitted to attend any meeting of t';e legis- lative body of a local agency, except as o',hervioe provided in this chapter, 54953.3. A member of the public shall not be required, as a condition to atte:ndanc; at a meeting of a legialativa hody of a local agetact, to register his name and other into oration, to cooplete a questionnaire, or otherwise to fulfill any conditica precedent to his attendance. 54954. The legislative bcdy of c local agency shall provide, by ordinance, resolution, byUw&, or by whatever other rule is required for the conduct of busi- ness by chat body, the titre for holding regular meetings. Unless otherwise: pro- vided for in this act under which the local agency was formed, meetings of the legis- lative body nee] not be held within the boundaries of the territo..;v ever which the local agency exarcisea jurisdiction. If et any time any regular seating falls on a holidsy, such regular meeting shall be held on the next business day. If, by reason of fire, (load, earthquake or other emergency, it shal l be u infe to meat in the place designated, the meetings any be held for the duratiou of the emergency ec euch place as is designated by the presiding officer of the legislative body. 54955. The isgia;itive body of a local agency may adjourn any regular, ad•- jounied regular, special or adjourned special sooting to a time and place apccified In the order of adjournment. Lens than a quo-.um may so adjourn from time to time. If all members are abi:ent from any regular or adjourned regular meeting the clerk or secretary of the legislative lode may declare the meeting ad journeC to a stated time and place maid h! Qhali cauee a written notics of the adjournment to be giv e in the same tunner as provided in Section 54956 for special meetings, unless such notice is waived ar provided for special. meetings. A copy of the order or notice of adjournment shall be conspicuoualy posted on or near the door of the place where the regular, adjourned regular, special or adjourned special meetin3 was field within 24 hours after the time of the adjournment. When a regular or adjourned regular taeet:ing Is adjourned as provided in this section, the resultlug adjourned repnler macting fe a regular meeting for all purposes. When &m order of edjourn- rient of any seating fails to state tL o hour of Watch the adjourned meeting is to be held, it shall be held ar the hour specified for regular meetings by ordinance, resolution, by lair, or athcr Tula. 54955.1. Anv hearing being hard, or noticed or ordered to be hold, by a lagia- lative body of a local agency at any maetiug tray by order or notice of coi,._zuance be cotitinued or .•*continued to any subsequent meeting of the legislative boty in the -2- 8/'75 A r name manner and to the same extent set U)rch In Section 5•955 for the adjournment of meetinKe; provided, that if the hearl.rp is continued to a time less than 24 hours after the time specified in r1:e order or notice of hearing, a copy of the order or notice of continuance of hearing shall b � rooted immediately following the meeting at which the order or declaration of cont.--Nance was adopted or made. 54956. A special meeting may be called at any time by the presiding officer of the legislative body of a local agency, or by a majority of the members of the legislative h ody, by delivering personally or by mail written notice to each mem- ber of the legislative body and to each local newspaper of general circulation, radio or television station requesting notice in suiting. Such notice must be de- livered personally or by mall at least 24 hours bafor•_: the titre of such meetings as specified in the rsoticr.. The call and notice shall specify thn time and place of the bpecial meeting; and the business to be tranacted. No other business shell be considered at such neetingp by the legislative body. Such written notice tatty be dispensed with as to any MUnber who at or vrior to the time and meeting convenes files with the clerk or secretary of the '.slative body a written waiver of notice. Such waiver may be given by telegc .m. Such written notice may -also be dispensed with as to any ne;nber Vho is actually present at the meeting at the time It convenes. 54957. Nothings continued in this chapter shall be ronstrued to prevent the legislative body of n local agency from holding executive sessions during a regular or special meeting to consider the ;ippointment, employment or dismissal of a public officer or employee: or to heal' complaint., or charges brought against such offic•.!r or employee by another public officer, person or emplo- re unleus such officer or employee requests a public hearing. The legislative bouy also may exclude frue. any such public or private meeting, during the examination of a witness, any or all other witnesseq In the matter being investigated by the legislative body. Nothitiq in this chapter shall be construed to prevent any board, commission, committee, or- other body organized and operated by any private organization as de- fined in Section 54952 from holding executive sessions to consider (a) matters affecting the national security, or (b) the appointment, employment or dismissal of an officer or employee or to hear complaints or charges brought against such officer or employee by another officer, person, or employee unless such officer or employee requests a public henring. Said body also may exclude from any such public or pri- vate meeting, during the examination of a witness, any or all other witnesses in the matter being; investigated by the legislative body. 54957.6. Notwithstanding any other provision of law, a legislative ?,ody of a local agency ma-1 hold executive sessions with its designated representatives prior to and during consultations and discussions with representatives of employee organi- zations regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of employees in order to review its position and instruct Its designated representatives. 54957.9. In the event that any ceeting is wilfully interruptei by a group or groups of persons so as to render the orderly conduct of ouch meeting unfeasible and order cannot lift restored by the removal of individ,.tals who are wilfully inter- rupting; the meeting;, the members of the legislative body conducting the meeting may order the ..!eettng room cleared and continue in session. Gnly matters appearing on the agenda nay be considered in such a s,?ssion. Duly accredited representatives of the presn or other news media, except these participating; in the disturbance, nhall be allowed to attend .any session held pursuent to t1A6 section. Nothing in this section shall prohibit the leg,islativn body from e,tablishing a procedure for readmitting an individual or individuals not responsible for wilfully disturbing the orderly conduct of the meeting. -3- 8/'75 54958. The provisions of this chapter shall apply to the legislative body of every local agency notwithstanding the conflicting provisions of any other state 1 tra. 54959. Each member of a legislative body who attends a meeting of such legis- lative body where Action is taken in violation of any provision of this chapter, with knowledge of the fact that the meeting is in violation thereof, is guilty of a misdemeanor. 54960. Ary interested person may co=ence an action by mandamus, injunction or declarato,,y relief for the purpose of stopping or preventing violations ur thregtened violations of this chapter by members of the legislative body of a local agency or tc determine the applicabilMty of this chapter to actions or thTentened future action of the legislative body. 54961. No local agency shall conduct any meeting, conference, or other func- tion in any facility that prohibits the admitt!nce of any person, or pe:ruous, oa the basis of race, religious creed, color, national origin, ancestry, or sex. This section shall apply to every local agency as defined in Section 54951. 'I Ili I i 1 I i i -:,- 8/'75 Open Publi:: Meetings Requirements of the Halph M. drown ,act and Exceptions Thereto s by Frank Gillio City Attorney of Las Altos Hills and Millbrae The Brown Act, described as the strictest open meeting law in the: United States, requires that meetings of ench of the following be open and public without any restriction on the right of the public to attend: 1. The City Council, 2. City Boards or Commissions, 3. Advisory Committees, or 4. Any other body on which city officers .serve in their official capacity and which is supported partially or totally by city funds. 5. Any private nonprofit orguni-Ltion receiving public money pursuant to the Economic Opportunity Act of 1904. 0. Any nonprofit corporation created by one or more public agencies who also appoint the board of directors and whose purpose relates to acquisition, construction, reconstruction, maintenance or operation of -ny public work project. The requirement that meetinge be open to the public does not apply to meetings of committees of a City Council consisting of less than a quorum of its members. Executive or personnel sessions from which members of the public and press ara barred may be held during a regular or special meeting for the following pu-poses: t. To consider the empioyment or dismissal of a public officer or employee, or to hear charges brought a-Wrist such person, unless the officer or employee in question req u.2sts a public hearing; 2. To discuss with the City Attorney litigation pending, proposed, or anticipated, :.here a public discussion would benefit the City's adverowfy and be detrimentaI to the public,. To meet with the Attorney General, District Attorney, Sheriff or Chief of Police (or their deputies) on matters "posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities." 4. To instruct city ri!presentatives concerning salaries, salary schedules, or com- pensation paid in the form of fringe benefits prior to or during negotiations with employee organizations. I 5. To .cgotiate and discuss with employee organization representatives following the int,!rvention of a State labor conciliator in a labor dispute. I B. To consider natters affecting the national security, in the case of a body c,perated by a private corporation on which city officers serve in their official capacity Und which is s•ipported partially or totally by city funds. In ad&tion. if any mectirg is willfully interrupted by a group or groups of persons 53 as to render the orderly conduct of such meeting unfeasible and order cannot be re- 1 s►tared by the removal of individuals who are %willfully interrupting the meetinwo , the mem- bers of the body conducting the meeting may order the meeting room cleared and continue in searion. Only matters appearing •r. the agenda may be considered in such a session. D%Ay accredited representatives of the press or other news media, except those partici- pating in the disturbance, shall be allowed to attend any such session. The body may establish a procedure for readmitting an indiv;duel or individuals not reponsible for willfully disturbing the orderly conduct of the meeting. � Each body subject to the Brown Act is forbidder from conducting, any meeting, con- Terence, or other function :n any facility that prohibits the admittance of any person, or persons, on the basis of race, religious creed, color, national origin, ancuatry, or sex. Attendance at a meeting in violation of the Brown Act where action is taken and with knowledge of the fack that the meeting i3 in violation of the Act, carries criminal penalties. The term "action is taken" means 1. A collective decision made by a majority of the members, or 2 . A collective commitment or promise by a majority of the members to make a pouitive or a negative decision, or An actual vote by a majority of the members when sitting as a body on a motion, l,!opasa', resolution, order, or ordinance. stated purpose of the Brown Act is to insure that public commissions, boards and councils, and other public agencies in the State of California conduct their delibera- i t:ors and take their actions openly. 1 I� i M I it ANALYSIS: Unless otherwise indicated, ali references are to the Government Code of California. OPEN MEETING REQUIREMENT The Brown Act (,secs. 54950 to 54961, Mel.) requires that all meetings of the "legieletiv,3 body" of a city, among others, be open and public and all persons be er- mitted to attend, with exceptions discussed later (Sec. 54953) . p The right of the public to notice of and to attend meetings without restrictions has been jealously guarded. A San Diego City Council rule was declared invalid which required citizens who desired to attend "Council conferences' to register with the City Clerk and . dentify the groups they represented, the agenda item in which they were interested, and whether they were trying to influence the passage or defeat of Bach legislation. Persons attend- ing such "Council conferences" were required to agree to remain silent unless requested to speak (27 Ops. Ca1.Atty.Gen. 123 - 1950) . The State Legislature in 1957 amended the Act to conform to this opinion and to provide the.t a member of the public cannot be re- quired as a condition to attending a meeting to register his name and other information, to complete a questionnaire, or otherwise to fulfill any condition which is a conditior, precedent to his attending the meeting (Sec. 54953.3) , All that is required under the Brown Act is that meetings be open and public and all persons permitted to attend. It does not explicitly or impliedly infer a right to broad- cast meetings. It is Within the discretion of a County Board of Supervisors to refuse to permit a radio station to broadcast its regular meetings (39 Ops,Cal.Atty.Gen. 52 - 1961) . A Council rule prohibiting the use of tape recorders or mechanical devices in the Council Chambers to obtain tapes or recordings of council proceedings was held to be :rvali:l (Nevens v. Cit of Chino - 1965 - 233 CA 2d 775) , the court noting that the de- vice could be operated without noise or interference with council proceedings, and that the rule bars "what clearly should be permitted in making an accurate record of what takes place at such meetings." The open meeting requirement extends beyond meetings of the city council. Since the Act was adopted in 1953, the definition of a "legislative body" has been expanded to include, in addition to the City council, the following: l . A planning commission, library board, recreation commission and other per- manent city boards or commissions (Sec. 54952.5) . 2. Any advisory commission, advisory committee or advisory board, whether created by charter, ordinance, resolution, or an similar (Ser.. 54952.3) . y formal action of the city council -3- 3 rn�; board, commission, committee, or other body on which city officers .%rv:. 'n :hc;r off:cial capacity as members and which is supported in whole or in part c.t;; funds, whether the particular body is organized and operated by the city or by a private corporation (See. 54952) . 4 Any private nonrrofit organization receiving public money pursuant to the L•:cc ..=rr-.r Opportunity Act of 1934 (Sec. 54951. 1) 5. Aay nonprofit corporation created by one or more public agencies who also al:point the board of directors acid whose purpose relates to acquisition, construction, Uzons#ruc.?on. maintenance or operation of any public work project (See. 54951.7) . IiowevF-r, meetings of a committer- composed solely of members of the governing (City Council) which are less than a quorum of :uch governing body are excluded f� ^� t;te open meeting requirement (Adler v. Culver City- 1980 - 184 CA 2d 763, 771; �. Ops. Cai . Atty Gen. 240 - 1958 - See also See. 54952.3) . Special provisions simplifying the operation of ad-•isory committees should be noted. The procedural provisions of the Act (fixiag time of meetings, notice of adjourned or spec'.al meetings, or con.inuance of hearings) do not apply to advisory committees. If reg-,ai teetings are held, it is only necessary to provide in the by-laws or in the cam- mittee -.:_es for their ti.-ne and place. The Act doer not apply to committee meetings held o its:cic� of the City if necessary in order to gather facts or other information. In the ab- se:c- of regula. meetings notice of a meeting when held is requiI.M to be delivered per- sonalty or by mail twenty-four hours in advance to each person who has requested, in i ":•_it:ng, s•!ch nctice The Act does not apply to advisory committr Qs which are created ^tormafI; .Sec 54951.3) Jnder the Civ-'c Center Act (Educatio: Code Sec. 16556, e: seq) an organization ._Sing :i p.-olic school fact ty mLy not exclude the general public or use the school facili- ties for private or closed meetings or recreational activities. The general public may be exc:uded from attending and observing the meetings or recreational activities Gps . Cal. Atty.. Gen. 220 - 1969) . PENALTY AND REMEDIES FOR VIOLATION 1t 's :rrp.rta:,: to deternane whether the Brown Act applies io a particular meeting of the penalty provided. Each member of the Council or of a board, commission, or who attends a meeting "where action is taken in violation of any provisions of ;_-.e Brown Act) u• th knowledge of the fact that the ineeting is in violation thereof' is g•.s:;t; o a misdemeanor (Sec. 54959) . The term "action taken" is d=fined in Section ti�ti ? '.o mean: ri collective decision made b;; a majority of the members of a legislative collective commitment or promise by a majority of the members of a legln- `a,.: .•F no'" to rrake a po.gitive or a ne[;ative decision, or an actual vote by a ma- lor:ty of the members of a legislative body when sitting as a body or entity, upon a mono:. . proposal, resolution, order or ordinance.'' _4- The criminal penalty added in 1961 is limited to a rnectii,g at which "action" is talcen (Sacramento Newe.�a�er Guild v , Sacramento County Board of Supervisors 1968 - 263 CA 2d 41, 48 holding that "the misdemeanor penalty of the Brown Act is focused on the meeting where action is taken, not on the meeting confined to deliberation") . however, any is`erested person may commence a civil action in the Superior Court ,Mandamu-s, Injunction or Declaratory Relief) to stop or prevent either a violation or a threatened violaticn of the Brown Act, or to determine whether the Act applies to "actione or threatened future action" (Sec. 54980) . The validity of the actions taken at a meeting claimed to have been held in violation a: the Brown Act, nevertheless, have been held by the courts not to he affected. r Violations of the Brown Act even if true as charged would not invalidate a compre- hensive zoning ordinance (Adler v. Culver City - 1960 - 184 CA 2d 763, 774-7?5; Clare- mont Taxpayers Association v. Ci!Y of Claremont - 1963 - 223 CA 2d 580, 593-594) . Even if a Police Commission regulation requiring police officers (off duty or on duty in civilian dress) to be equipped with d revolver was passed secretly, the regulation would not be invalidated (Stribling v. Mlailliard - 1970 - 6 CA 3d .170, 474) . i Answering claims that a violation of the Brown Act occurred by reason of telephone contact among the members of a Redevelopment Agency and holding; of one or more meetings concerning qualificatior:.b of proposed redevelopers prior to a joint public stud, session of the CouncU and Agency, the Court (Old Town Develo ment CoEparation v. The Urban Renewal Agency of the City of Alontarey - 1067 - 249 CA 2d 313, 329) after noting that there was no aPegation that the ''action taken" in adopting each resolution determining which Nas the qualified proposal and setting a hearing on land disposition was not at a � public meeting, held, "Insofar as the allegations suggest that there was 'a collective commitment or promise by a majority of the members of (the Agency) to make a positive or negative decision' on the matter:3 in question, in violation of the Brown Act, it would not invalidate the action subsequently taken. .. . (The) contentions; regarding purported violation3 of the Brown Act . . . are unavailing, because, even if true, the ordinance would not be invalidated." WHAT IS A MEETING? As frequently pointed out, one of the problems connected with application of this Act is ita failure to define the word "meeting" (36 Ops. Cal. Atty. Gen. 175 - 1960) . Both Attorney General aad the Courts have discussed what constitutes a "meeting". Construed in the light of the Brown Act's3 objectives, the term "meeting" extends to informal Eessioris or conferences designed for the discussion, of public business;. By the specific inclusion of committvas and their meetings, the Brown Act demonstrates its general application to collective investigatory and consideration activity stopping short of official action (Sacramento Newspaper Guild v Sacramento County Board of Stl2eryiscra - 1?68 - 2G3 CA 2d 41, 49, 51 involving a luncheon meeting attended by the entire Board -5- Of S;:f.ar•::sors, other county, officers, and members of the Central Labor Council r►r! ::fO, at wit:%h the social workers union str:ke against Sacramento County .,gas and to which newspaper reporters were denied admission. The Coi:rt tf,e luncheon to be a meeting within the meaning of the Act.) T Bro:jn Act does govern regularly held luncheon meetings by members of one or more City Councils with representatives, of certain civic associutions to disc-uss items of area importance (school and airport facilities, water supply, sewage disposal and beach erosion) , and at which a City Council regularly u:h.ecjules attendance as a group (43 Ops. Cal. Atty. Gen. 36 - 1904) . The public ig e-►t..Ied to notice of and the right to attend such meetings because even though 1 na dec'.s_ors Of agreements to make decisions were made at such informal luncheon Bess:ors, the nature of such meetings and perhaps their true purpose and design Was to provide a forum for the free exchange of information and ideas on items of area importance with a view toward obtaining a general consensus which in turn v:ould Frcv de the bases for fruitful "action" by the legislative bodies. However, ;Warn social attendance by a majority of a Council at luncheons or dinners given b;- civic or fraternal orga:lizations, such as the Rotary, Kiwanis, Lions, Optimists, Elks or Moose. does not constitute a meeting of the City Council subject to the Act. The Brown Act does not apply to special committees or subcommittees con- 'sting -if less than a quorum of the members of the legislative body (e.g. , City 1 Council) which created them, because the necessity and opportunity for full public de-:berat:on by the legislative body still remains. The Act does apply to a committee composed of a majority or more of the members of the legislative body (32 Ops. Cal. Atty Gen 240 - 1958) . The req—,drements of the Brown Act cannot be avoided by the use of the device commonly known as a "committee of the whole" (27 Ops. Cal. Atty. Gen. 123 - 1fl58) . In I663 the Attorney General (42 Ops. Cal. Atty. Gen. 61) held that there is o s-at-ato:ry authority for excepting "informal sessions" from the application cf ti;e BrGnn Act. in holding that the public was entitled to notice of and to attend br'.efirg sessions held in the City of Lodi, 30 minutes prior to scheduled public mee:in s in the City Manager's conference chambers, the Attorney General noted _.f.at :i:n re u.rement that meetings be open and public had beeninterpreted as in- . q ?..car; discussion sessions within the term "meetings" . The right to notice and to cute nd a meeting is not dependent on whether "action" is taken or whether the mem- -)crs ^i the govern--rig body do or do not intend to take action. The term "all meetings" i;! o:.:ly was interpreted -As encompassing more than just meetings at which formal ac- z). was taken . Tile references in the Brown Act concerning "action taken" ate on1v to the imposition of criminal penalties on the members of IegislAtive bod_cs These provisions are separate and distinct from those provisions giving the people the righ'. to notice of and attendance at all meetings of the legislative A hear`_r.5 off'cer appointed un:ier a grievance procedure a:-;tablished by an 35:Cement to hear charges preferred against a city employee who demanded that heating be opened to the public is not required to conduct a public hearing. -G- The single "hearing officer" who functions by himself is not a "legislative body" nor is the hearing a "meeting" within the meaning of the Brown Act. a hearing conducted by a single individual (is not required to) be opened to the public . . ." under the Act. Sections of the Act defining "legislative body" use words all of which import the involvement of more than one person , and con-• ventional definitions of "meeting" refer to the presence of more th,n one person (Wilson vl. San Francisco Municipal Railway - 1073 - 29 CA 3d 870, 878-881) . A meeting of a local admissions committee of the County Superintendent of Schools' office to review the application of an educationally handicapped child i to attend special education classes is not subject to the Brown Act because the committee is not a legislative body of a local agency within the meaning of the Act + by reason of being an advisory arm or adjunct to a single county officer (56 Ops. ` Cal. Atty. Gen. 14 iC - 1973) . + The earliest California appellate court decision interpreting what is a meeting under the Brown Act, as well as other of its provisions, was Adler v. { City Council of the City of Culver City (1060) 184 CA 2d 763. Notwithstanding the Attorney General's misconception of the Adler decision and the 1001 amendments following that decision (42 Ops. Cal. Atty. Gen. 61 - 1063) , Adler has been sub- ' sequently cited with approval and except where affected by subsequent legislative ! action, it remains as much the law of the state as any other decision of the District I Court of Appeal. In Stribling v. Mailliard_ - 1970 - 6 CA 3d 470, 474-475, the 1 court, after citing Adler, said: " (Some of the effects of the Adler case were removed by legislation, but the proposal to make void any action taken at nonpublic meetings ! was objected to by the Governor and was eliminated from the proposed amendment to the statute. See 42 Ops. Cal. Atty. Gen. 61,68 - 1983.)" EXCEPTIONS TO THE OPEN ! MEETING REQUIRMENT r There are several exceptions to the strict rule of the Brown Act that all meetings shall be open and public, and all persons be permitted to attend. These exceptions appear in the Brown Act itself or have been created by interpretation of both the appellate courts and the Attorney General. An executive session may be held during a regular or special meeting 1. With the Attorney General, district attorney, sheriff or chief of police, or their deputies, "on matters posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities; or 2. to consider the appointment, employment or dismissal of a public officer or employee, or to hear complaints or charges brought against an officer or employee, unless the officer or employee requests a public hearing (Sec. 54957) . A board, commission, committee, or other body organized and operated by a private corporation on which city officers serve in their official capacity as members and which is supported in whole or in part by city funds, may hold executive sessions concerning: -7- 1 . Matters affecting the national security, or 2. Tile appointment, employment or dis[n:nsal of an officer or employee or to hear complaints or charges brought against an officer or employee, unless tile officer or employee reouests a public hearing (Secs. 54952, 54057) . In either of the foregoing cases during the examination of a witness, any or all other witnesses in the matter being investigated may be excluded whether the meeting is ':)eing conducted as a public or private one. The City Council may hold an executive session with its City Attorney to discuss litigation pending, proposed, or anticipated. The authorities are cited under the topic "Litigation" . I A City Council may hold executive sessions with its designated representatives I prior to and during consultations and discussions with employee organization represen- tatives concerning salaries, salary schedules or compensation paid in the form of fringe benefits in order to review the city's position and instruct its representatives (Sec. 54957.6) . A City Council may negotiate and discuss with representatives of employee organi- zations during an executive session held after the intervention of a state labor conciliator , as authorized by law without violating the Brown Act, because the records of the Depart- ment of Industrial Relations are confidential. If the confidentiality required by law is to be maintained, the deliberations which the records memorialize must also be privileged and confidential. The purpose of the statute (Lebor Code Sec. 65) is to prevent the disclosure of what transpires during conciliation proceedings. (51 Ops. Cal. Atty. Gen. 201 - 1968) . The labor negotiations exception appearing in the Brown Act (Sec. 54957.6) refers to a city council holding executive sessions with its representatives. The most recent exception found by the Attorney General refers to an executive session with rep- resentatives of the employees. EXECUTIVE SESSIONS The right to hold an executive session to consider "personnel" matters is described as a narrow exception and certain rules have been laid down. An executive session may be held only during a regular or special meeting for which adequate notice has been given as required by the Brown Act (43 Ops. Cal. Atty. Gen. 79 - 1964) . / The appointment of a Councilman to fill an existing vacancy during an executive session following which noublic vote is ta_ ken by the Council in connection with the L appointment is proper because executive sessions may be held to consider the appoint- ment of a public officer, among other thinge. The word "consider" includes the ri to act in t e mu rffoT Npointment of an officer (Lucas v. Board of Trustees of Armijo Joint Union High School District - 1971 - 10 CA 3d 9P0, 991; 40 Ops. Crl. Atty. Gen. 4 - 1962) . I i Tho right to bold a-. fixer u-ive ses;:o17. la` thk! <ij3oointment of a public officer extends to the choosing br a pi;•-)::c boJv at _ts oxn off.cr:s and is not restricted to the appoint- ment of some person to a separate position or group (Edgar v. Oakland iblueeum Advisoly Commission - 197 i - 36 Cis 3d 73, 75) I Neither member :)f the prsss no_ any o`.her :r,-1_v:dua;s who a.,e not witnesses in the �I matter being invest-,gated mayue a-l;n::;ed to an a:iecwtive session because the Brown Act 'does not permit excep.:aa _o ;:F. xiade fo- )ne .:), rrivre memifers of the-press or any I other member of the public ' rhere .s no uith:,r'_zation for a "semi-executive" session to which only particular memoero of %hf: pubil(. , selec-ed or approved by the public body are permitted to attend . Tile a n"re purpose for authorizing executive sessions, namely, secrecy, confidentiality and aosence of p,!A-_city, would be rendered nugatory by per- mitti k individualc other than members of the public body involved to attend executive session (46 Ops. Cal, Atty Ger. . 34 - _Ba;;) 3 Tl,e Bro,vn Ac, per:r"s a c-.o�cd sess:o: } consider the dismissal of an officer or ployee un:ess such officer of employee rezr ests a public Leraring. In a dismissal matter the Council's action was sufficient ever :Jim gh not done in an open public meeting :1 (Cozzo:ino v City of Fontana - 1955 - 136 C:t 2d RIS, 612) . � I The Brawn Act does no! require publication of a detailed agenda specifying termina- tion of an employee's contract as a matter to be considered at an executive session (Lucas { v. Board of Trustees of Armilo Joint Union High School District - 1971 - 18 CA 3d 989, 992; Krausen v. Soiano Countx Junior College District - 1974 - 42 CA 3d 394, 404) . I The general r-Lae *s that an empimyee may re-4uest a public hearing rather than an /tcernp)oyee xecutive session The employee nas no right to require a closed tr.eeting. Unless the has asked for a F.:,l:c meet-ng the discretion lies with the: governing body as to whether the hearing slr4u' be l:-aclic or private (44 Ops. Cal. Atty. Gen. 147 - 1964) . Minutes of execcav�_ spss.,.3ns ccncerr.,ng d-zcussions or action on personnel mat- ters are not available for p�i,'_.c _inspection They real, be made public by the determina- tion of a rnr,jor_,y of the gayer n:ng oo ty to make a;t :,-.-'any pertior, of the minutes of an execut:vc sess'.o.1 public as `.trey deem appropriate r::gardless of the concurrence of the parties involved. To rQa,::re that the trunutes of an executive session must be open to public inspection wo-.rld des4roy the very purpose of the exception contained in the Brown Act t44 Opez. Cal Atty 1:lea 1,17 - 1964) . t'rhei, a schcoid distr:^t employee req+weLtad a public hearing in a personnel matter and t,".e governing boar,i tield an executive less:or: prior to the second public hearing in order to review the answer g.ven during the iirst public hea.-ing, the employee claimed that since he haz? requested a public hear:ng it was improper to consider any phase of the matter in an exec::tive session. Tne court held that if there was a technical violation of the Brojjn Ac!, it in r.o wad prejudice3 the employee's rights and did not t / invalidate tre Boar•a's ac::o:, :-e^ause the Board d:d not take any action or hear any addi- v •.ional evidence 'Huntington Beach Union High School Dist. v. Collins - 1962 - 202 CA 2d 677, 682) i A discussion during an executive session of the qualifications of two persons to zontinue as radiologists which was followed by an open meeting during which one agreement relating to radiology services was terminated and another approved, was held not to violate the Brown Act because the d:sc•.:ssion during an executive session of the personal qualifications of the two men in quescion came within the "closed ses- sion exception" provided in the Brown Act (Letsch v. Northern San Diego Coup Hospital Dist. - 1066 - 246 CA. 2d 673, 677-678) . LITIGATION Meetings of a City Council with its City Attorney for the purpose of general dis- c.ssion and consideration of problems confronting the Council, including legal prob- lems, are subject to the Brown Act. The holding of an executive session with the City Attorney to co:isfder litigation pending or threatened originally waa approved by the Attorney General. I i The public interest with which the Brown Act is concerned does not require con- ferences between a City Council and its City A:tor:iey lield solely to discuss litigation (,,iclt:.ding condemnation of property) land ng, pro os d or anticipated, to be open to the public where a public discussion of such ►natters would redound toTf a benefit of The city's adversary and to the detriment of the public (36 Ops. Cal. Atty.. Gen. 175 - j 1060) . The Attorney General was quick to point out that " . in the normal relation i between a City Council and its City Attorney wliere the City Council seeks the legal i advice of the City Attorney as to the legal affec, of matters pending before the City Council, such meetings must be open to the public This opinion was reinforced in 1963 %,.hen the Attorney General (42 Ops. Cal. Atty. Gen . 61) stated that meetingci of a City Council with the City Manager, City Attorney, ' and Planning Director are subject to the open meeting requirements of the Brown Act unless the subjects under discussion involve niat}ers within the executive session exception (Sec. 54957) , or are the subject of then current or pending litigation with:i1 the narrow limits carefully outlined in the 1960 opinion. i The first judicial sanction of this exception came in a ;.ase in which the District Court of Appeal permitted a Board of Supervisors to confer with its attorney under conditions I in which the lawyer-client privilege would obtai,: (Sacramento Newspaper Guild v. Sacramento County Board of Supervisors - 1967 - 255 CA 2d 51) . iv approval of a public body's r:gtit to meet vJith its attorney lio::ever the definitive a P� in an executive session under the appropriate circt:mrtance5 came one year later in Sacramento Newspaper Guild v . Sacramento Co;.�.nty Board of Supervisors (1968) 263 CA 2d 41, 52-55. A privilege attaches to confidential lawyer-client communications Nhirll is lust as available to public agency clierit:, and their lawyers as to their private counterparts. The Evidence Code distinctly incl-:des public agencies among the clicnts who may assert this privilege. The privilege serves a policy assuring private consul- iation if client and counsel must confer :ri public view and hearing, both Privilege and I)-!icy are strippea of value After noting that the staL tcry lav:yer-client privilege: of p•lclic agencies act,ially pr(:.!a!­ the Brown Act, the C..;.,rt concluded that the meeting requirement in the Brown Act did not abrogate b • implication +.lie s'atutory pc,:1c.Y assuring cpportunity for private legal consuhat:o:� o; public agency clients Government I l? I I s have no ad rar_tage in legall strife; neither sh.-wid i' be a second-class citiee:.. PROCEDURAL RULES CONCERNING MEETINGS A meeting is not req•.ared to l,e held within the boundaries of the territory over which a particular public body exercises juri:�dicticn unless the law under which the r',ty r.:- other local public agency was formed provides otherwise (Sec. 54954) . Meetings of city councils in general law cities must be held within the corporate limits of tLe city (Sec. 36808) . On May 1, 1975, the Superior Court of San Luis Gbispo County held tliat the law under v.,hich general law cities were formed providers that city cc*.;r,.jls of such cities must meei within the bo indaries thereof. The court also txotetl that other advisory boards, commissions and committees must meet within the city limits ex- I cept for meetings which require an examination of facts and data outside the territory of f the local agency. (Five Cities Times Fress Recorder, et al v . City of Arroyo Grande - �---- 1975 - San Luis Obispo County Superior Court No. 45437) . he Merced City Charter requires that all City Council meetings be hela in the Coun- c 1 Chambers in the City Hall (Merced Charter Sec. 409) . Notwithstanding that notice was gavert of Council dinner meetings held in lccal restaurants and which were attended by (he press, such meetings at which there was a discussion or deliberation concerning pul:'Lic business, were held to be a violation of the Brown Act. While the Charter require- ment concerning the place of holding meetings was controlling, it should be noted that Sul-'!, gatherings were held to be "meetinge" within the decision of the Sacramento News- L.arer Guild case discussed previously. Meetings of Councilmen with other municipal, ColInty or statewide legislative bodies or officials for tle discussion of matters of common in':-rent. wherever held, were exceptr-d (Linton V. City Council - 1968 - Merced county St:pex•ior Court No. 37n29) , A number of procedural rules also are laid down in the Brown Act. It requires that this time and place of reg-.Jar meetings be set by ordinance, resolution, or by-laws. A regular meeting failing on a holiday is to be field on the next business day. In case of an emergecc-:, the presiding officer may designate another meeting place (Sec• 54954) Any type of meeting may be adjourned to a titre and place specified, or by the clerk or secretary in 'he absence of all members, in which case written notice must be given in : :e same manner as provided for special meetings . A copy of the order or notice of a 'journment is required t0 be posted at the place where the meeting was held within hoiz-s t}:preafter. If the order fails to state the hour at which the adjourned meet g `5 to 'Lie held, it shall be heal at thy° hour spec--- for regular meetings (Sec. 54955) A h�-ar.gig may be con'.a::ed in the same manner a�: a meeting may be adjourned, but if it ip co:'_nued less than 24 hours after the time specified in the order or notice of hearing, a C,:,y cf the continuance order or notice trust be posted immediately following the meet- rla..ce of x special tnee:ing, �,•hich, may be called by the presiding officer or a :r.alor:ty of the members, 's rec t;:red to be delivered personally or by mail to each etc:i, and :o each local nee lipiiper , radio, or television station which hes requested :1:t:re. °n :.ritzn l, at leas' -"q h� }rs r.r:or to the t..rr,e of the sp:-cial meeting. The -1: - 0 business to be transacted must be specified in addition to the time and place, and no ,)the r business may he considered. Written notice may be dispensed with as to any ;r.etr.bvr wtiu files a written waiver of notice at or lit for to the.• timer of the Hpecinl rm.�etinl{. Any wjiver ►nay he given by telegram . Written notice may be dispensed with us to any member who is actually present when the meeting con•.renes (Sec;. 54056) . The required notice to news media of special meetings must be actually delivered a. least 24 hours before the time of such meeting to those media who have requested no°ice iii writing. Deposit of such a notice in the mail is not sufficient (53 Ops. Cal. Atty. Gen. 246 - 1970) . Any property owner within a District (but not a city) may request in writing mailed notice of every regular or special meeting (Sec. 54954.1) . The det:,sled requirements to he complied with by the District are set forth -An the statute. The right to notice of special meetings has been strongly upheld. As early as 1858 the State Supreme Court (Count,- of Eldorado v. Reed - 11 C 130) held that the business of the Supervisors is required to be transacted at the regular meetings proidded by law, art the public is entit?ed to notice of the business proposed to be transacted at special ..r.eet!nga The press may require twenty-four hours advance notification of any special meeting of the whole public agency, but such notice is not required as to any regular or adjourned regu:ar meeting. The minutes cf a regular or special meeting; of the legislative body of a local public agency are public records open to inspection (32 Ops. Cal. Atty. Ger.. 240 IG58) . MISCELLANEOUS PROVISIONS In 1970 the State Legislature added oeveral provisions to the Brown Act. Every local agency witriln the purview, of the Brown Act is forbidden from conducting a:y meeting, conferer.^%, or other function in any facility that prohibits the admittance of any person, or persk.ng, on the basis of race, religious creed, color, national origin, ancestry, or sex (Section 54961) . ;In the event that any meeting is willfully interrupted by a group or groups of per- so.is so as to render the orderly conduct of such meeting unfeasible and order cannot be resiored by the removal of individuals who are :willfully interrupting the meeting, the members of the legislative body conducting the meeting may order the meeting room cleared and continue in session. On;y matters appearing on the agenda may be considered in such a session Duly accre9:ted representatives of the press or other news med'.j, except +h,:se par tieiliating in the disturbance, shall be allowed to attend any session held pursuant tc this section Nothing in this section shall prohibit the legisiat,ive body from establishing a procedure for readmitting an individual or individuals not.responsible for willfully disturbing the orderly conduct of the meeting" (Section 54957.9 } . , i A :Rr. 1975 -12- .. f CITY OF HUNIINCTON NE'"C" V49 INTER-DEPARTMENT COMMUNICATION ' rualv►clo"nun To CITY COUIICIL; PFRS0111JEL C014- From GAIN 11UTT0H MISSION; PLANNING C01-11.113SIWI; City Attorney CITY ADMIFIISTRATOR ; DEPART1,01T HEADS Subject - HROWN ACT Date June 1 , 1982 I have prepared a copy of the current Prown Act , governing meetings of public agencies, for your convenience. This copy has been 3-hole punched for insertion in your notebooks. The act has been revised in the last two years. Please note , In particular, the following changes: 511953.5. Right of public to tape record mantingf;, in tile absence OC a f'indinl; that It would disrupt; it tho Iwocooding:;. 511956.5. t1Jt.Ic0 Vo(Iuiremt:nL:; i'or 01.1%!Vgcrncy nusr.!t 1►igs. 54957 . 2 b . Counc i ; a . ( ) ., i n� y t c.c1w- t o bc..ar cls rtntI comml.,slon:; to la!e p a minute book. 1 549r,7. 'I'Ite new form for executive :ressiony is "closed Soosiolls. " 511957.5. Agendas and other writings distributed to a majority of member- at meetings or prior to meetings are public records, and copies must to available for public inspection. Fees may be charged for copies. 511957.7. Prior to or after closed sessions , the (;eneral reason for the session must be stated, and cloned sessions are limited to the matters so stated. QAIL 11UTTOH City Atrorney GII:130S:I,;; F.nclosuvo . I I i OFFICE OF CITY ATTORNEY P.o,sox Teo ` �+,• � 2000 MAIN STREET 4UNTINaTON BEACI CALIFORNIA 92640 a� toB eyAy THE RALPH M. BROWN ACT Government Code Sections l714)t,�5 a364ss 54950 - 54961 Section 54950. In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councilb and the other public agencies in this State exist to aid In the conduct of the people's business. It is the Intent of the law that their actions be taken openly and that their deliberations be conducted openly. The people of this State do not yield their sovereignty to the agencies which serve them. ThR people, In delegating authority, do not give their public servants the right to decide what is good for the people to know and what Is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created. Section 54950.5 This chapter shall be known as the Ralph M. Brown Act. Section 54951. As used in this chapter, "local agency" means a county, city, whether general law or chartered, city and county, town, school district, municipal corporation, district, political subr'ivision, or any board, commission or agency thereof, or other local public agency. Section 54951.1 For the purposes of this chapter, and to the extent not inconsistent with federal law, the term "loc-l agency" shall include all private nonprofit organizations that receive public money to be expended for public purposes pursuant to the "Economic Opportunity Act of 1964"(P.L. 88-452; 70 Stat. 508). Section 54951.7 "Local agency" Includes any nonprofit corporation, created by one or more local agencies, anyone of the members of whosa board of directors is appointed by such local agencies and which is formed to acquire, construct, reconstruct, maintain or operate any public work project. Section 54952. As used In this chapter, "legislative body" means the governing board, commission, directors or body of a local agency, or any board or commission thereof, and shall include any board, commission; committe, or other body on which officers of a local agency serve in their official capacity as members and which is supported in whole or in part by funds provided by such agency, whether such board, commision, committee or oche: body Is organized and operated by such local agency or by a private corporation. Section 54952.2 As used in this chapter, "legislative body" also means any board, commission, committee, or similar multimember body whicill exercises any authority of a legislative body of a local agency delegated to it by that legislative body. Section 54952.3 As used in this chapter "legislative body" also includes any advisory commission, advisory committee or advisory body of a local agency, created by charter, ordinance. resolution, or by any similar fnrmr.l action of a legislative body or member of a legislative body of a local agency. 5/12/82 RCS:de Meetinge of such advI.ory commissions, committees or bodies concerning subjects which do not require an examination of facts and data outside the low) territory of the local agency shall be held within the territory of the local agency and shall be open and public, and notice thereof must be delivered personally or by mail at least 24 hours before the time of such meeting to each person who has requested, in writing, notice of such meeting. If the advisory commission, committee or body elects to provide for the holding of regular meetings, it shall provide by bylaws, or by whatever othci, rule is utilized by the advisory hody for the conduct of its business, for the time and place for holding such regular meetings. No other notice of regular meetings Is required. "Legislative body" as defined in this section does not include a comsnit.tee composed wiely of members of the governing body of a local agency which are less than a quorum of such governing body. The provisions of Section;, 54954, 54955, 54955.1, Fnd 54956 shall not apply to meetings under this section. Section 54952.5 As used in this chapter "legislative body" also includes, but is not limited to, planning cnminissions, library boards, recreation commissions, and other permanent hoards or commissions of a local agency. Section 54952.6 As used in this chapter, "action ta..en" means a collective decision made by a majority of the members of a legislative body, a collective commitment or promise by a majority of the members of n legislative body to make a positive or a negative decision, or an actual vote by a majority of the members of a legislative body -1 when sitting as a body or entity, upon a motion, proposal, resolution, order or ordinance. Section 54952.7 A legislative body of a local agency may require that a copy of this chapter be given to each member of the legislative body. An elected legislative body of a local agency may require that a copy of this chapter be given to each member of each legislative body all or a majority of whose members are appointed by or under the authority of the elected legislative body. Section 54953. All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwine provided in this chapter. Section 54953.1 The provisions of this chapter shall not be construed to prohibit the members of the legislative body of a local agency from giving testimony in private before a grand jury, either as individuals or as a body. Section 54953.3 A member of the public shall not be required, as a condition to attendance at a meeting of a legislative body of a local agency, to register his or her name, to other information, to complete a questionnaire, or otherwise to fulfill any condition precedent to his or her attendance. If an attendance list, register, questionnaire, or other similar document is posted at or near the entrance to tha room where the meeting Is to be hold, or is circulated to the persons present during the meeting, it shall state clearly that the signing, registering, or completion of the documentation is voluntary, and that all persons may attend the meeting regardless of whether a person signs, registers, or completes the document. 2. Section 54953.5 Any person attending an open and public meeting of a legislative body of a local agency shall have the right to record the proceedings on a tnpe recorder In the absence of a reasonable finding of the legislative body of Mie local agency that such recording constitutes, or would constitute, a disruption of the proceedings. Section 54953.7 Notwithstanding any other provision of law, legislative bodies of local agencies mny impose requirements upon themselves which allow greater access to their meetings than prescribed by the minimal standards set forth In this chapter. In addition thereto, an elected legislative body of a local agency may impose. such requirements on those appointed legislative bodies of the local agency of which all or a majority of the members are appointed by or under the authority of th$ elected legislative body. Section 54954. The legislative body of a local agency shall provide, by ordinance, resolution, bylaws, or by whatever other rule Is required for the conduct of business by that body, the time for holding regular greetings. Unless otherwise provided for in the act under which the local agency was formed, meetings of the legislative body need not be held within the boundaries of the territory over which the local agency exercises jurisdiction. If at any time any regular meeting falls on a holiday, such regular meeting shall be held rn the next business day. If, by reason of fire, flood, earthquake or other emergency, it shall be unsafe to meet In the place designated, the meetings may be held for the duration of the emergency at such place as is designated by the presiding officer of the legislative body. Section 54954.1 The legislative body of any district which is subject to the provisions of this chapter shall give mailed notice of every regular meeting, and any special meeting which Is called at least one week prior to the date net for the meeting, to any owner of property located within the district who has filed a written request for such notice with the legislative body. Any mailed notice required pursuant to this section shall be mailed at least one week prior to the date set for the meeting to which it applies except that the legislative body may give such notice as it deems practical of special meetings called less than seven days prior to the date set for the r+eeting. Any request for notice ;i:-d pursuant to this section shall be valid for one year from the date on which it is filed unless a renewal request Is filed. Renewal rerfjests for notice shall be filed within 90 days after January 1 of each year. Any request for notice, or renewal request, filed pursuant to this section shall contain a description of the property owned by the person filing the request. Such description may be in general terms but shall he sufficient enough to readily identify such property. The legislative body may establish a reasonable annual charge for sending such notice based on the estimated cost of providing such a service. Section 54955. The legislative body of a local agency may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of ndjournment. Less than a quonim may so adjourn from time to time. If all members are absent from any regular or adjourned regislar meeting the clerk or secretary of the legislative body may declare the meeting adjourned to a stated time and place and he shall cause a written notice of the adjournment to be given In the same manner as provided in Section 54956 for special meetings, unless such notice is waived as provided for special meetings. A copy of the order or notice of adjournment shall be 3. Now conspicuously po!teci in or near the door of the plane where the: regular, adjourned regular, special or adjourned special meeting was held within 24 hours after the time of the adjournment. When a regular or adjourned regular mecting is adjourned as provided In elk`'+ this section, the resulting adjourned regular meeting is a regular meeting fo^ all purposes. When an order of adjournment of any meeting falls to state the hour at which the adjourned meeting is to be held, it be held art the hour specified for regular meetings by ordinance, resole►tion, by law, or other rule. Section 54955.1 Any hearing being held, or noticed or ordered to be told, by a legislative body of a local agency at any meeting may by order or notice of continuance he continued or recontinued to any subsequent meeting of the legislative body in the same manner and to the same extent set forth 'M Section 54955 for the adjournment of meetings; provided, that if the hearing is continued to a time less than 24 hours after the time specified in the order or notice of hearing, a copy of the order or notice of r_ontinuance of hearing shall be posted immediately following the meeting at which the order or declaration of continuance was adopted or made. Section 54956. A special meeting may be called at any time by the presiding officer of the legislative body of a local agency, or by a majority of the members of the legislative body, by delivering personally or by mail written notice to each member of the legislative body and to each local newspaper of general circulation, radio or television l station requesting notice in writing. Such notice shall be delivered personally or by mail and shall be received at least 24 hours before the time of such meeting as specified in the J notice.. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings by the legislative hod,- Such written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the clerk or secretary of the -. legislativv body a written waiver of notice. Such waiver may be given by telegram. Such written notice may :►Iso t)►'. dispensed with as to any member who is actually present at the rt►eetinil at tiletime it convenes. Notice shall be required pursuant to thi3 section re►lardless of whether any action is taken at the special meeting. Section 51-750.5 In the case of en emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, a lee}islative body may hold an emergency meeting without complying with the 24-hour notice requirement of Section 54956. For purposes of this section, "emergency situation" means any of the following: (a) Work stoppage or other activity whi^h severely Impairs public health, safety, or both, as determined by a majority of the members of the legislative body. (b) Crippling disaster which severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body. However, cacti locos newspaper of general circulation and radio or television station which has requested notice of special meetings pursuant to Ser.tion 5495E shall he notified by the presiding officer of the legislative body; or designee thereof, one hour prior to the emergency meeting by telephone and shall exhaust all telephone numbem provided iii the most recent request of such newspaper or station for notification of special mectinns. In the event that telephone services are not functioning the- notice requirements of 1,ois ;section shall be deemed waived, and the legislative body, or designee thereof, shall notify such newspapers, radio stations, or television stations of the feel of the holding of the ,pccial meeting, the purpose of the, meeting, and any action taken at the meeting as soon after the mectinq as possible. 4. • r Nutwithstandin g the provision,, of Section 54957, the legislative hoey shall not meet in closed less;an during a meeting called pursuant to this section. All special meeting requirements, as prescribed in Section 54956 shall be applicable to a meeting called pursuant to this section., with the exception of the 24-hour notice reif4rement. The minutes of a meeting called pursuant to this section, a list of persons w'.o the presidin.j officer of the legislative body, or designee thereof, notified or litteirpted to notify, a copy of the rollcall vote, and any acticns LakF:i at such meeting shnil he posted for a minimum of 10 days in a public place as soon rafter the meeting as pnssil�lE�. Section 54956.6 No fees may be charged by the legislative body of a local agency for carrying oijt any provision of this chapter, except as specifically authorized by this ` chapter. Section 54957. Nothing contained in this chapter shall be construed to prevent the legislative body of a local agency from holding ciog.3d sessions with the Attorney General, district attorney, sheriff, or chief of police, or their respective deputies, on masters posi.ig a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities, or from holding closed sessions,during a reqular or special meeting to.consider the appointment, employment, or dismissal of a puulir_ employee or to hear complaints or charges brought against such employee by another perscn or employee unless such employee requests a public hearing. The legislative body also may exclude from any such public or closed meeting, during the examination of a witness, any or all other witnesses In the matter being Investigated by .••� the legislative body. For the purposes of this section, the term "employee" shall not include any person elected to office, or appointed to an office by the legislative body of a local agency; provided, however, that nonelective positions of city manager, county administrator, city attorney, county counsel, or a department head or other similar Administrative officer of a local agency shall be considered employee positions; and provided, further that nonelective positions of general manager, chief engineer, legs: counsel, district secretary, auditor, assessor, treasurer, or tax collector of any governmental district supplying services within limited boundaries shall be deemed employee positions. i Nothing in this chap ter shall be construed to prevent any board, commission, committee, or other body organized and operated by any private organization as defined in Section 54952 from holding closed sessions to consider (a) matters affecting the national security, or (b) the appointment, employment, or dismiss-31 of an e..iployee or to hear complaints or charges brought against such employee by another person or employee unless such employee requests a public hearing. Such body also may exclude from any such public or closed meeting, during the examination of a witness, any nr all other witnesses in the matter being investigated by the legislative body. Section 5t,957.1 The legislative body of any local agency shall publicly report at the public meeting during which the closed session is held or at its next public meeting any action taken, and any rollcall vote thereon, to appoint, employ, or dismiss a public 'rzployee arising out of any closed session of the legislative body. 5. «.. Section 54957.? (a! The legislative body of a local agency may, by ordinance or resolution, desic.-iate a clerk or other officer or emplayea of the local agency who shall then attend eac. ' -ed session of the lcoislativ-3 body and keep and enter In a minute hook a record of discussed and decisio-i made e:. the meeting. The minuto beak cnacle pursuant to U. in is not a public record subject to inspection pursuant to the C'nlifurnin Public Rec„ :t (ChspEer 3.5 (commencing with Section 6250) of Division 7 of Title 1), raid shell be -it confidential. The minute hook shall be available only to members of the legislative :iody or, if a violation of this chapter is alleged to have occurred at a closed sessior a rourt of general jurisdiction wherein the local agency lies. Such minute book mr out -!ed not, consist of a recording of the closed seseion. (b) An elect. I legislative body of a local agency may require that each legislative body all or a majo:it, of whose members are appointed by or cinder the authority of the elected legislative ndy keep a minut.o book as prescribed :ender subdivision (a). Section 54957.5 (a) Notwithstanding 'ection 6255 or r-iy other provisions of law, agendas of public meetings and other writing--, when distribur ':d to all, or a mairrity of all, of the members of a legislative body c ` a local ages , by a member, officer, employee, or agent of such body for discussion , r considerati at a public meeting of such body, are public records under the California Publlr, I ords Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Titic 1) as ser .j distributed, and shall be made available pursuant to Sections 6253 and 6256. Howe. this section shall not Include any writing exempt from public disclosure under Action E. .5, 6254, at 6254.7. tb) Writings which are public records ur. r subdivision (a) -od Which are distributed) prior to commencement of a public meetins Al be made availablo for public inspection upon request prior to commencement of sunh -tang. (c) Writings which are public records a subdivision (a) and which are distributed during a public meting and prior to _. ,rencement of their discussion at 3ucii meeting shall be made available for public inspection prior to commencement of, and during, their discussion at such meeting. (d) Writings which are public records under -vision (a) and which are distributed during their discussion at a public meeting shall be ,. :ade available for public inspection Immediately or as soon thereafter as is practicable. (e) Nothing In this section shall lie construed to prev;ent the legislative body of a local agency from charging a fee or deposit for a copy of a public record pursuant to Section 6257. The writings described in subdivisions (b;,(c), and &)are i subject to the requirements of the California Public Records Act (Chapter 3.5 (commencing with Section 6250), Division 7, Title 1), and subdivisions (b), (c), and (d)shL 'i not be construed to exempt from public inspection any record covered by that act, or t., limit the public's right to inspact any record required to be disclosed by that act. This section shall not be construed to be applicable to any writings uolely because they are properly discussed in : closed session of a legislativo body of the meal agency. Nothing in this ch.7pter shall be ronArued to require a legislative body ar a local agency to place any paid advertisement or any other paid notice in any publication. (f) "Writing" for purposes of this section means "writing" gs defined under Section 6252. 6. Section 5bn57.6 Notwithstanding any other provision of law, a legislative body of a lucul agency may hold closed sessions with its designated representatives prior to and during consultations and discussions with re:prosentativas of employee organizations rerIardinq they sainries, salary schedules, or compensation paid in the form of fringe benefits of enlplayeer, in order to review its position and instruct its designated representatives. For the purposes enumerated in the preceding sentence, a legislative body of a local agency may also mesa with o state conciliator who tins Intervened In the prcceudinys. Section 54957.7 Prior to or after holding any closed session, the legislative body of the local agency shall state the general reason or reasons for the closed session, and may cite the statutory authority, including the specific section and subdivision, or other legal authority under which the session is being held. in the closed session, the legislative body may coixider only those matters coverad. la its statement. In the case of special, adjourned, and continued meetings, the statement shall be made as part of the notice provided for the special adjourned, or continued meeting. Nothing in this section shall reaquire or authorize the giving of names or other Information which would constitute an Invasion of privacy or otherwise unnecessarily divulge th particular facts concerning the closed session. Section 54957.9 In the event that any meeting is willfully interrupted by a group ur groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the legislative body conducting the meeting may order the meetir-.1 room cleared and continue in session. Only matters appaaring on the agenda may be considered in such a session. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant .�� to this section. Nothing in this section shall prohibit the legislative body from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting. Section 54958. The provisions of this chapter shall app!y to the legislative body of every local agency notw:'listanding the conflicting provisions cf any other state law. Section 54959. Each member of a legislative body who attends a meeting of such legislative body where action is taken In violation of any provision of this chapter, with knowledge of the fact that the meeting is in violation thereof, is guilty of a misdemeanor. Section 54960. Any interested person may commence an action by mandamus Injunction or declaratory relief for the purpose of stopping or preventing violations or threatened violations of this chapter by members of the legislative body of a local agency or to determine the applicability of this chapter to actions or threatened future action of the legislative body. Section 54960.5 A court may award court costs and reasonable attorney fees to the plaintiff in an action brougha pursuant to Section 54960 where it is found that a legislative body of tie local agency has violated the provisions of this article. Such costs and less shill be paid by the local agency and shall not become a personal liability of any public officer or employees thereof. A court may award court costs and reasonable attorney fees to a defendant in any action brought pursuant to Section 54960 where the defendant has prevailed in a final determination of such action and the court finds that the action was cleArly frivolous and totally lacking in merit. 7. Secs.ion 5496).. No local agency shall co-duct any meeting, conference, or other function in any facility that prohibits the admittance of any person, or persotw, or the basis of race, religious creed, color, national origin, ancestry, or nex. This section shall apply to every local agency as defined in Section 54951, 54951.1 or 54951.7, (NOTF": This reprint of the Brown Act includes legislative changes made through the 1961 session of the Iegislaturn.) f r ' .J 8. t IF +:1• r� ( 1 w n A l.remm of California Cities Caltlo►nle Cities Wo►k Together Sacramento, California August 1975 TO: Mayors, Council Members. City Managers, City Clerks and City Attorneys SUBJECT: Ralph M. Brown Act* -- Open Public Meetings A year ago the League, sent all mayors, managers, clerks and attorneys a copy of an analysis of the Ralph M. Brown Act prepared by Frank Gillio, City Attorney of Los Altos Hills and Millbrae. Because of the importance of the Act to all members of local legislative bodies, wa have added all council members to this mailing. Frequent at- t mpts to further amend the Brown Act making it impractical and is iworkable also suggest that in addition to the Gillio analysis and a copy of the Act itself, it would be destroWe to review its history. as well as its current provisions, so that indLvldual members of local legislative bodies will be fully aware of open meeting requirements and also be in a better poidtion to discuss proposed amendments worth their legislators. A detaUed legislative history of all Senrte and Assembly bills affecting the Frown Act from 1953 io 1975 has been included only in the city attozasys mailing. The Brown Act was the forerunner of legislation designed io open up all levels of government to the public. Co-sponsored by the League of California Cities and the CsMrnia Newspaper Publishers Association it was adopted in 1953 to give new vigor , to century-old public mesdng laws that were all too!frequently igno:ed. It also ex- � tended the open meeUng requirements to a wide variety of local public ageneies, boards and am missions not then covered by an open meeting law. The very earliest statutes in ::alitornia's first legislative sessioa in 1850 provided with resepect to cities generally "A city shall, by ordinance, fix the timos and places of holding their stated meetings, . . , sad tbsir proceedings shall be Public." (Section 10. Chapter 14, Statutes 1850.) Between 1850 and 1870 a similar provision was included in each special act creating a city sud in 1883 with the adoption of the Municipal Corporations Act under I which general law cities were farmed, Section 858 (Goverument Code Section 36808) provided "All meetings shall be public." (Chapter 49, Statutes 1883.) Every char- ter adopted pursuant to Article XI of the Constitution has included a provision requiring oouncil meetings to be public. The Brown Act threw the spotlight of compliance on open meeting laws and unlawful secret meetings today are both rare and hazardous. In extending the open meeting law to all local jurisdictions, boards and commissions and focusing the pubUcle attention on open meeting laws, the Brown Act declared "It I i *Government Code Sections 54950-54961 (ati;ached) . 1106'0*1 STREET.SACRAMENTO 02514 MOTEL CLAREMONr • BERKELEY 94705 702 MILTON CENTE14 • LOS ANGELES 90017 (916)44&5700 (415)e43•3C:3 (213)E24.4934 • ION •, is the intent of the law that their (legislative bodies) actions be taken openly and that their deliberations be conducted openly." As enacted in 1953, the Brown act. required all meetings of a legislative body of a local agency to be open and public and granted all persons the right to attend such meetings. "Legislative body" was broadly defined to include not only all local governing bodies but also local boards and commissions. "Local agency" also was broadly defined to include every type of Local public body. Each legislative body of a loca) agency was required by ordinance or resolution to provide for the conduct of its meetings including the +.ime and place thereof. Provision was made for the holding of special meetings provided 24 hours notice of the meeting was given to all newe media requesting written notice. Notice of the special meeting had to contain the time and place of the meeting as well as the business to be transacted. No other business could be oonsidered. Executive sessions wers limited to the consi- deration of the appoit tment, employment or dismissal of public oMce:rs or employees or to hear complaints or charges brought against such officers or employees. While the Brown Act as enacted in 103 did not include a penalty or a method of enforcement, the first appellate decision to interpret the law held that two existing prov sions of other statutes prescribed a misdemeanor penalty. (Government Code Section 1222; Penal Code Section 177.) The first major revisiou of the Brown Act oocurred in 1991 when Governor (Pat) Brown vebaed one bill which, among other things, would have made any action taken In violation of the Brown Act void but approved a substantially similar bill which ex- cluded the objectionable section. The 1981 legislation added a short title, definition of legislative body and, more importantly, a definition of "action taken" as well as two methods of enforcing the open meeting law. It made each member of the legislative body t attending a mreting in violation of the Act with knowledge of the fact that the meeting was in violation thereof guilty of a misdemeanot . It also authorised any interested person to brig au action to prevent the holding or threatened holding of closed meetings. The law also has been amended from time to time to make it expressly applicable to charter cities, to include advisory bodies an,' to require mailed notice of meetings to property owners by public dietricte. As Mr. Gillio's paper clearly indicates, the courts, and particularly the Attorney General, have had many oecaaions to interpret the Act.* They both agree that it applies to all meetings of a majority of the members of the legislative body where public business i;, discussed. The Act does not apply to modal gatherings and the difference between a social gathering and a meeting arranged for pursuit of the public's business will usually be quite apparent as Justice Friedmann noted in Sacramento Newspaper Guild v. Sacramento County, 253 C.A. 2d 41. Thus, while tho criminal penalty ap?lies only to unlawful meetings where action is taken, the courts may enjoin any meeting or threatened meeting where the public business of thit porticular local agency is discussed or deliberated. Attempts have been made almost every year to extend the Brown Act to committees of less than a quorum notwithstanding the fact that such committees or individuals cannot take action. The courts and the Attorney General have stated: "In general terms, the concept is that the Act does not apply to meetings *Secret Meating Laws Applicable to Public Agencies - Evelle J. Younger, Attorney General, Jan. 1972; room 600, State Building, 350 McAllister, San Francisco 941Q2 i -2- of committees of less than a quorum of the legislative body of the local agency. This is because the findings of such a committee have not been deliberated upon by a quorum of the legislative body, and consequently the opportunity for a full public hearing and consideration of the committees' findings and recommendations by a quorum still remains. Hence the public's rights under the Act are still protected." The Legislature also has rejected attempts to limit the court-approved executive session which permits the city attorney to meet with the city council to discuss pending or anticipated litigation in order to prevent the city's adversary from gaining an unfair advantage to the detriment of the public generally. v One word of caution. As we said last year, there are very few exceptiona to the it open meeting requirements of the Brown Act and Mr. Gillio discusses them in some detail and points out that the so-called "personnel" session exception is a narrow one. Executive sessions may not be held to consider so-called "Hersonnel" matters,. The Brown Act only permits an e::eeutive session to consider the aMointmgnt, em to - Ment or, is fie_aelof-public ;fPcar or emnlovee.or tob= court,,,,_, laints ar chases broogght_against such officers r emRJ.QYee, It also permits rt legislative body to meet In executive session with its designated repreaentative Rrige Ig nd SJUTJEj la,hnr wneIIotiationt.to discuss series, salary schedul._and friggr, ben�Wheng;s U ry to review the city's position and instruct such representative These Pre very epeci- fie exceptions. _in giving notice to news media of a proposed executive session, the notice should be in the langgage of the statute and not simBly that a 12:nJ&d "Rere2a nel" matter is tom sse The Brown Act has been a model for the rest of the country. It was one of the first giving renewed! strength to public meeting laws and It has served as a good example for state agencies and the Legislature itself. Properly adhered to and enforced, there probably is no better open meeting law in the country. It has been a major factor in maintaining good government in California. Amendments other than for purposes of clarification or to take care of changing conditions in the ad•ainistration of the public's busineos, e.g. , labor negotiations, are unnecessary and should be avoided. With full knowledge of the Act and its history, you will be in the best posPible position to preserve a workable open meeting law for the purposes intended by its sponsors and by Ralph M. Brown. William H. Keiser Don Benninphoven Legislative Counsel Executive Director i -3- Open Public Meatings Requirements of the Ralpi. M. Brown Act and "=Pptions Thereto by Frank Gillio City Attorney of Los Altos Hills and Millbrae The Brown Act, described au the strictest open tnLeting law in the United States, requires that meetings of each of the folla-:Ang be open and public without any restriction on the righ"of the public to attend: 1. The City Council, 2. Uity boards or Commicsions, S. Advisory Committees, or 4. Any other body on which city c:facers serve 4..n their official, capacity and which is supported partially or tot:ily by city funds. 5. Any private nonprofit organization recei-Ang public money pursuant to the Economic Opportunity Act of MCA. 6. Any nonprofit Cory Ovation created by one or more public agencies who also appoint the bcard of directors and whose purpose relates to acquisition, construction, reconstruction, maintenance or operation of any public work project. The requirement that meetings be open to the public does not apply to meetings -)f committees of a City Council consisting of lees than a quorum of its members. i,f Executive or personnel sessions from which members of the public and press are barred may be held during a regular or spec4.al meeting for the following purposes: i _ To consider the employment or dismissal of a public officer or employee, or to hear charges brought against such pzrson, unless the officer or employee in question requests a public hearing, 2. To discuss with the City Attorney litigation pending, proposed, or anticipated, where a public discussion would benefit the City's adversary and be detrimental to the public. 3. To meet with the Attorney General, District Attorney, Sheriff or Chief of Police (or their aeputies) on matters "posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities." 4. To instruct city representatives concerning salaries, salary schedules, or com- pensation paid iri the form of fringe benefits prior to or during negotiations with employee organizations. 5. To negotiate and discuss with employee organization representatives following the intervention of a State labor conciliator in a labor dispute. 6. To conrider :natters affecting the national security, in the case of a body -)pe--aced by a private corporation on which officers nerve in their official capacity end which is supported partially or totally by city funds. In addition, if any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be re- stored by the removal of individwils who are willfully interrupting the meeting, the mem- bero of the body conducting the meeting may order the meeting room cleared and continue in session. Only matterm appearing on the agenda may be considered in much a session. Duly accredited representatives of the press or other news media, except those partici- pating in the disturbance, shall be allowed to attend any such session. The body may establish a procedure for readmitting an individual or in jividuals not reponsible for willfully disturbing the orderly conduct of the meeting. Etch body oubject to the Brown Act is forbidden from conducting any meeting. con- ferRnca, or other function in any facility that prohibits"the admittance of any person, or persons, on the basis of race, religious creed, color, rational origin, ancestry, or sex. Attendance at a meeting in violation of the Brown Act where action is taken and with knowledge of the fact that the meeting is in violation of the Act, c"Ties criminal penaltiea. T:s term "action is taken" means 1 1. A collective decision made by a majority of the members, or 2. A collective commitment or promise by a majority of the members to make a positive or a negative decision, or 3. An actual vote by a majority of the members when sitting as a body on a motion, proposal, resolution, order, or ordinance. The stated pur_iose of the Brown Act is to insure that public commissions, boards and councils, and other public agencies in the State of California conduct their delibera- Vions and take their actions openly. -2- r" A'91ALYSIS: Unless otherwise indicated, all references are to the Government Code of Californi A. OPEN MEETING REQUIREMENT The Brown Act (Secs. 54950 to 54981, incl.) requires that all meetings of the "legislative body" of a city, among others, be open and public and all persons be per- witted to attend, with exceptions discussed later (Sec. 54953) . The right of the public to notice of and to attend meetings without restrictions has been jealously guarded. i ' A San Diego City Council rile wa3 declared invalid %hick required citizens who desired to attend "Council conferences" to regiete+ with: `he r3ty Clerk*and identify the groups they represented, the agenda item In which they were interested, and whether they were trying to influence the passage or defeat of such legislation. Persons attend- ing such "Council conferences" were required to ague to remain silent unless requested to speak (27 Ups. Ca1.Atty.Gen. 123 - 1956) . The State Legialature in 1957 amended the Act to conform to this opinion and to provide'that a member of the puhlic,cannot be re- quired as a condition io attending a meeting to register his name and other information, to complete a questionnaire, or otherwise to fulfill any condition which is a condition' precedent to his attending the meeting (Sec. 54853.3) . A'_1 that is required under the Brown Act is that meetings be open and public and all persons permitted io attend. It does not explicitly or impliedly infer a right to broad- cast meetings. it h; within the discretion of a County Board of Supervisors to refuse to permit a radio station to broadcast its regular meetings (38 Ops.Cal.Atty.Gen. 52 - 1961) . A Council rule prohibiting the use of tape recorders or mechanical devices in the Council Chambers to obtain tapes or recordings of council proceedings was held to be invalid (Nevens v. City of Chino - 1005 - 233 CA 2d 775) , the court noting that the de- vice could be operated without noise or interference with council proceedings, and that the rule bars "what clearly should be permitted in making an accurate record of what takes place at such meetings." The open meeting requirement extends beyond meetings of the city council. Since the Act was adopted in li53, the definition of a "legislative body" has been expanded to include, in addition to the City Council, the following: 1. A planning aomadesion, library board, recreation --ommission and other per- manent city boards or commissions (Sec. 54952.5) . 2. Any advisory commission, advisory committee or advisory board, whether :.created by charter, ordfnance, resolution, or any similar formal action of the city council (Sec. 54952.3) . -3- 3. Any board, commission, Lammittee, or other body on which city r1icere serve in their official capacity as members and which is supported in whole or in part by city funds, whether the particular body is organized and operated by the city or by a private corporation (Sec. 54952) . 4. Any private nonprofit organization receiving public money pursuant to tha Economic Opportunity Act of 1994 (Sec. 54951.1) . 5. Any nonprofit corporation created by one or more public agencies who also appoint the board of directors and whose purpose relates to acquisition, construction, reconstruction, maintenance or operation of any public work project (Sec. 54951.7) . However, meetings of a committee composed, solely of members of the governing body (Ci6,y Cottacil) which are less than a quorum of such governing body are excluded from the open moeting requirement (Adler v. Culver City 1960 - 184 CA 2d 703, 771; 32 Ops. Cal. Atty. Gen. 240 - 1958 - See also Sec, 54252.3) . Special provisions'simplifying the operation of advisory committees should be noted. The pronedural provisions of the Act (fii);dng time of mee'►sngs, notice of adjourned or special meetix gs, or continuance of hearings) do not apply to advisory committees. If regular meetings are held, :t is only necessary to provide in the bylaws or In the com- mittee rules for their time and place. The Act does not apply to corami.ttee meetings held outside of the Cit.,, if necessary in order to gather facts or other information. In the ab- sence of regular meetings -notice of a meeting when held is required to be delivered per- sonally or by mail twenty-four hours in udirance to each person who has requested, in writing, such notice. The Act does not apply to advisory committees which are created Informally (Sec. 54952.3) . Under tho Civic Center Act (Education Cnde Sec. 1f556, et seq) ar organization using a public school facility may not exclude the general pu%ilc or use the school facili- ties for private or. closed meetings or recreational activities. The general public may not be excluded from attendJng and observing the meetings or recreational activities (52 Ops. Cal. Atty. Gen. 220 - 1980) . PENALTY AND RJEM'EDIE.S FOR VIOLATION It is important to determine whether the Brown Act applies to a partic:lar meeting because of the penalty provided. Each member of the Councii or of a board, commission, or commiNee, who attends a meeting "where action is taken in violation of any provisions (of the Brown Act) with knowledge of the fact that the meeting is in violation thereof" is guilty of a misdemeanor (Sec. 54959) . The terry "action taken" is defined in Section 54952.6 to u4e.!n: "A collective decision made by a majority of the members of a legislative body, a collective commitment or promise by a majority of the members of a legis- lative body to make a positiva of a negative decision, or an actual vote by a ma- jority of the w, mbe:s of a legislative body when sitting as a body or entity . upon e motion, propusal, resolution, order cr ordinance." r -d- I I The criminal penalty added in 1961 is limited to a meeting at which "action" is taken (Sacramento Newspaper Guild r. Sacramento County Board of Supervisors - 1968 - 263 CA 20 41, 49 holding that "the misdemeanor penalty of the Browa Act ip focused or, the meeting where action is taken, not on the meating confuted to deliberation") . However, any interested person may commence a civil action in the Superior Court (Mandamus, Injunction or Declaratory Relief) to stop or prevent elthar a violation or a threatened violation of the Brown Act, or to determine whether the Act applies to "actlor►s or threatened future sction" (Sec. 54960) . The validity of the ections taken at a meeting claimed to have been held in violation of the Brown Act, nevertheless, have been held by the courts not to be affected. Violations of the Brown Act even if true as charged would not invalidate a compre- hensive zoning ordinance (Adler v. Culver City - 1960 - 184 CA 2d 763, 774-773; Clare- mont Taxpayers Association v. City of Claremont - 1063 - 223 CA 2d 589, 593-504) . Even if a Police Commission regulation requiring police officers (off duty or on duty in civilian dress) to be equipped with a revolver was passed secretly, the regulation would not be invalidated (Stribling v,. Mailliard - 1970 - d CA 3d 470, 474) . Answering claims that a violation of the Brown Act occurred by reason o:telephone contact among the members of a Redevelopment Agency and holding of one or more meetings conrerning qualifications of proposed redevelopnrs prior to a joint public study session of the Council and Agency, the Court (Old Town Development Corporation v. The Urban Renewal Agency_of the City of Monterey- 1967 - 249 CA 2d 313, 329) after noting that there was no allegation that the "action taken" in adopting each resolution determining which was the qualified proposal and setting a hearing on land disposition was not at a public meeting, held: "Insofar as the allegations suggest that there was 'a collective commitment or promise by a majority of the members of (the Agc_•cy) to make a positive or negative decision' on the matters in question, in violation of the Brown Act, it would not invalidate the action subsequently taken. . . (The) contentions regarding purported violations of the Brown Act . . . are unavailing, because, even if true, the ordinance would not be invalidated." WHAT IS A MEETING? As frequently pointed out, one of the problems connected with application of this Act is its failure to define the word "meeting" (38 Ops. Cal. Atty. Gen. 175 - 1960) . Both Attorney General and the Courts have discussed what constitutes a "meeting". Conrtrued in the light of the Brown Act's objectives, the term "meeting" extends to informal sessions or conferences designed for the discussion of public business. By the specific inclusion of committees and their meetings, the Brown Act demonstrates its general application to collective investigatory and consideration activity stopping short of official action. (Sacramento Newspaper Guild v. Sacramento County Board of Supervisors - 1968 - 263 CA 2d 41, 49, 51 involving a luncheon meeting attended by the entire Board -5- of Supervisors, other county officers, and members of the Central Labor Council AFL-CIO, at which the social workers union strike against Sacramento Colasty Yras discussed, and to which newspaper reporters were denied admission The Crart held the luncheon to be a meeting within the meaning of the Act.) The Brown Act dons govern regularly held luncheon meetings by members of one or more City Councils with representatives of certain civic associations to discuss items of area importance (school and airport facilities, water supply, sewage disposal and beach erosion) , and at which a City Council regularly schedul:s attendance as a grou,7 (43 Ops. Zal. Atty. Gen. 36 - 1964) . The public is entitled to notice of and the right to attend such meetings because even though no decisions or agreements to make decisions were made at stich informal luncheon sessions, the nature of such meetings and perhaps their true purpose and design was to provide a forum for the free exchange of information and ideas on items of area importance with a view toward obtaining a general consensus which in turn would provide the bases for fruitful "action" by th 4 legislative bodies. However, mere social attendance by a majority of a Council at luncheons or dinners given by civic or fraternal organizations, such as the Rotary, Kiwanis, Lions, Optimists, Elks or Moose, does not constitute a meeting of the City Council subject to the Act. The Brown Act does not apply to special committees or subcommittees cou- sisting of less than R quorum of the members of the legislative body (e.g. , City Council) which created them, because the necessit;,r and opportunity for full public deliberation by the legislative body still remains. The Act does apply to a committee composed of a majority or more of the members of the legislative body (32 Ops. Cal. Atty. Gen. 240 - 1958) . i The requirements of the Brown Act cannot be avoided by the use of the device commonly known as a "committee of the whole" (27 Ops. Cal. Attie. Gen. 1.23 - 1950) . In 1963 the Attorney General (42 Opri. Cal. Atty. Gen. 61) held that there is no statutory authority for excepting "informal sessions" from the application of the Brown Act. In holding that the public was entitled to notice of and to attend briefing sessions held in the City of Lodi, 30minutes pilor to scheduled public meetings in the City Mana&arla conference chambers, the Attorney General noted that the requirement that meetings be open and public had been interpreted as in- cluding discussion sessions within tt-9 term "meetings". The right to notice and to attend a meeting is not dependent on whether "action" is taken or whether the mew- bers of the governing body do or de not intend to take aetior_. The corm "all meetings" previously was interpreted as encompassing more than just meetings at which formal action was taken . The references in the Brown Act concerning "action taken" relate only to the imposition of criminal penalties on the members of 12gislative bodies. These provisions are separate and distinct from those provisions giving the people the right to notice of and attendance at all meetings of the legislative body. 'i A hearing officer appointed under a grievance procedure established by an i agreement to hear charges preferreti against a city employee who demanded that the hearing be opened to the public is not required to conduct a public hearing. -6- w I The single "hearing officer" who functions by himself is rot a "legislative body" nor is the hearing a "meeting" within the meaning of the Brown Act. a hearing conducted by a single individual (is aot required to) be opened to the public . . ." under the Act. Sections of the Act datIning "legislative be ly" use words all of which import the involvement of mox.: than one person, and con- I venti.onal definitions of "meeting" refer to the presence of more than one person (Wilson v. San Francisco Municipal Railway -- 1973 - 29 CA 3d 873, 878-881) . A meeting of a local admissions committee of the County Superintendent of Schools' office to review the application of an educationally handicappMd chi'tf to attend special Pducation classes is not subject to the Brown Act because the committee is not a iegielativo body of a local agency within t'ae insaring of the Act by reason of being an advisory arm or adjunct to a single cjunty officer (50 Ops. Cal. Atty. Gen. 14, 16 - 1973) . The earlies,b California appellate court decision interpreting what is a meeting under the Brow: Act, as well as other of its provisiona, was Adler v. h City Council of t:�. City of Culver City (1960) 184 CA 2d 763. Notwithstanding the Attorney General',. misconception of the Adler decision and tho 1901 amendments followiizg that decision (42 Ops. Cal, Atty. Gen. 61 - 1903) , Adler. has been sub- cequently cited with approval and except where affected by subsequent legislative action, it remains an much the law of the state as any other decision of the District Court of Appeal. In Stribling v. Mailliard - 1970 - 6 CA 3d 470, 474-0 , the oourt, after citing Adler, said: "(Some of the effects of the Adler case were removed by legislation, but the proposal to make void any action taken at nonpublic meetings was objected to by the Governor and waz eliminated from the proposed amendment ' to the statute. See 42 Cal. Atty. Gen. 61,60 - 1963.)" EXCEPTIONS TO :HE OPEN MEETING REQUIREMENT There are several exceptions to the strict rule of the Brown Act that all meetings shall be open and pltblic, and all persons be permitted to attend. These exceptions appear in the Brous Act itself or have been created by interpretation of both the appellate courts and the Attorney General. An executive session may be held during a regular or special meeting 1. With the Attorney General, district attorney, sheriff or chief of police, or their deputies, "on mattere posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities; or 2. to consider the appointment, employment or dismissal of a public officer or employee, or to Sear complaints or charges brought against em officer or employee, unless the officer or employee requests a public hearing (Sec. 54957) . A board, commission, committee, or other body organized and operated by a private corporation on which city officers serve in their official capacity as members and which ii supported in whole or in part by city funds, may hold executive sessions concerning: i -7- i G 1. Matters affecting the National security, or 2. The appointment, employment or dismissal of an officer or employee or to hear complaints or charges brought against an ofiiner or employee, unless the officer or ur.nployee requests a public hearing (Sees. 54952, 54957) . In either of tee foregoing cases during the examination of a witness, any or all other witnesses in the mattes being investigated may be excluded whather the meeting is being conducted ss a public or private oria. The City Council may hold an executive sesaion with its City Attornay to discuss litigation pending, proposed, or anticipated. The authorities ara cited under the topic "Litigation," . A City Council may hold executive seenions with its deeignated =epresentatives prior to and during consultations and disCL.ssions with employee organization represen- tatives concerning ems vrics, salar.v schedules or compensation paid in the form of fringe benefits in ordor to reiriew the city's position and instruct its repreviaatatives (Sec. V957.0) . A City Council may negotiate and discuss with representatives of employee organi- zations durlag an executive session hold after the intervention of a atat., labor conciliator as authoriz'd by laA•wlttcut violating the Brown Act, because the records of the Depart- ment of Int ustrial Relations are confidential. If the confidentiality required by law is to be maintained, the dellberationa which the records memorW.ize must also be privileged and confidential. The purpose of the statute (Labor Code Sec. 65) is to prevent the disclosure of what zanspires during can^.filiation proceedings. (51 Ops. Cal. Atty. Gen. 201 - 1968) . The labor negotiatit:ns exception appearing in the Brown Act (Sec. 54957.0) refers to a city council holding erzeeutive sessions with ite representatives. The moat recent exception found by the Attorney General refers to an executive session with rep- resentatives of the employees. EXECUTIVE SESSIONS The right to hold an executive session Lo consider "personnel" matters is described as a narrow exception and certain rules havet been laid down . An executive session may be held only during a regular or special meeting for which adequate notice has been given as required by the Brown Act (43 Ops. Cal. Atty. Gen. 79 - 1984) . The appointment of a Councilman to fill an existing vacancy during an executive session following which no public vote is taken by the Council in connection with the appointment is proper became executive sessions may be held to consider the appoint- ment of a public officer, Azong other things. The word "consider" includes the right to act in the matter of appointment a' a~ officer (Lucas v. Board of Truntees of Armijo Joint Union High School DJst;.ict - 1971 - 18 CA 3d 968, 091; 40 Ops. Cal. Atty. Gen. 4 - 1962) . -8- i i jThe right to held an executive sesnior, for the appointment of a public officer extends to the choosing by a public body of Its own officers and is not restricted to the appoint- mRnt of some pensu,s to a separate position or group (Edgar v. Oakland Museum Advisory Commission - 1973 - 36 CA 3d 73, 76) . J Neither members of ihe press nor any other individuals who are not witnesses in the matter being investigated may be E emitted to an executive session because the .irown Act "does not permit exc-_ptions to be made for one nr morio memii'eee tot+the-prat s or •wy other membr- of the public". 'rh re is no authoriza�,.n for a "semi-executive" session to which only particular members, of the public, selected or approved by the public body are psrmitted to attend. Tile ens;re p•arpose for authorizing executive sassions, namely, secrecy, ccnfidentiality, and ab!.anco of publicity, would tie randered nugatory by per- mitting individuals other than members of the puhlic body involved to attend executive session (46 Opa. Cal. At.y. Goo. 34 - 1085) . i The Brown Act permits a closed session to consi ;t.M the dismissal of an officer or employee unlean such officer or employee ragvests a public heexiag. In n dismissal matter the Council's action was sufficient ever though not done in an open public meeting (Cozzolino v. City of Fontana - 1955 - 138 CA 2d 08, 612) . The Brown Act does not require publication, of a detailed agenda specifying termins- tior. o:an efr,r:oyee's contract ae a matter to be consider<-d at an executive session (btu v. Board of Trustees of Armco Joint Union High School District - 1971 - 18 CA 3d 988, 982; Krausen v. So;Fro County Junior College District - 1974 - 42 CA 3d 394, 404) . The general rule is thy% an employee may request a public hearing rather thaii an executive session. The employee has no right to require a closed meeting. Unless the employee has asked ic_• a publir, meeting the discretion lies with the governing body as to whLther the hearing shall be public or private. (44 Ops. Cal. Atty. Gen. 147 - 1964) . e f r personnel mat- ters are not available for public i ispnotion. They may be made public by the determina- tion of a majority of the governing bode to make all or any portion of the minutes of an executive session public as they deem appropriate regardless of the concurrence of the parties i.volvet4... To require that the minutes of an executive session must be open to publ±c inspection would destroy the very purpose of the exception con.ained in the Brown Act (44 Ops. Cal. Atty.. Gen. 147 - 1964) When a schec•l$ dlst_Mict employee reque:,,...ri a public liestring in a personnel matter and the governing, board held an executive sesaic a prior to the second paolie herring In order to re,,;ew the answers given during the first public bearing, the cmployee claimed that since he had requested a public: hearing it was improper to consider any phase of the matter in an execut=ve session. The court held that if there was a technical Violation -f the Brown Act, it in no way prejudiced :ne emp/oyec'a rights and did not invalidate the Board's action because the Board did not take any action or hear an-, addi- tional evidence (Hunt' t n Beach Union Hinh School Diet. t Co)Line - 1962 - 2n2 CA 2d 677, 602) . _g_ A diccus©Ion during an executive session of the qualifications of two persons to continue as radiologists which was followed by an open meeting during which one agreement relating to radiology ,cervices was terminated and another approved, was held not to violate the Brown Act because the discussion during an executive session of the personal qualifications of the two men in question came within the "closed ses- sion exception" provided in the Brown Act (Letscl:_ v. Northern San Diego CountY Hospital Dist. - 1960 -- 240 CA 2d 673, 677•-678) . LITIGATION Meetings of a City Council with its City Attorney for the purpose of general dis- cus3ion and consideration of problems confronting the Council, including legal prob- lems, are subject to the Brown Act. The holding of an executive session with the City Attorney to consider litigation pending or threatened originally was approved by the Attorney General. The public interest with which the Brown Act is concerned does not require con- ferences between a City Council and its City Attorney held solely to discuss litigation (including condemnation of property) pending, proposed or anticipated, to be open to the public where a public discussion of such matters would redound to the benefit of ti the city's adveraary and to the detriment of the public !39 Ops. Cal. Atty. Gen. 175 - 1980) . The Attorney General was quick to point out that " . . in the normal relation between a City Council and its City Attorney where the City Council seeks the legal advice of the City Attorney as to the legal effect of matters pending before the City Council, such meetings must be open to the public.". This opinion was reinforced in 1963 when the Attorney General (42 Ops. Cal. Atty. Gen. 61) stated that meetings of a City Council with the City Manager, City Attorney, i and:Tanning Director are subject to the open meeting requirements of the Brown Act unless the subjects under discussion involve matters within the executive session exception (Sec. 64957) , or are t' a subject of then current or pending litigation within the harrow limits carefully outlined in the 1960 opinion. The firat judicial sanction of this exception came in a case in which the District Court of Appeal permitted a Board of Supervisors to confer with its attorney under conditions in which the lawyer-client privilege would obtain(Sacramento Newspaper Guild v. Sacramento Coun!X Board of Supervisors - 1967 - 255 CA 2d 51) . However, the definitive approval of a public body's right to meet with its attorney in an executive session under the appropriate circumstances came one year later in Sacramento Newspaper Guild v. Sacramento County Board of Supervisors (1668) 263 CA 2d 41, 52-55. A privilege attaches to confidential lawyer-client communications which is just as available to public agency clients and their lawyers as to their private counterparts. The Evidence Code distinctly includes public agencies among the clients who may assert this privilege. The privilege serves a policy assuring private consul- tation. If client and counsel must confer in public view and hearing, both privilege and policy are stripped of value. After noting that the statutory lawyer-client privilege of public agencies actually predates the Brown Act, the Court concluded that the public :Heating requirement in the .thrown Act did not abrogate by implication the statutory policy assuring oprurtunity for private legal consultation by public agency clients. Government ' -10- should have .,,o advantage in legal strife; nalmer should it be a second-class citizen. PROCEDURAL RULES CONCERNING MEETINGS i A meeting is not required to be held within the boundaries of the territory over which a particular public body exercises jurisdiction unless the law under which the City or other local public agency was formed provides otherwise (Sec. 64954) . Meetings of city councils in general law cities count be held within the corporate limits of the city (Sec. 36808) . On May 1, 1975, the Superior Court of Seal Luis Obispo County held that the law under which ganeral law cities were formed provides that city councils of such cities must meet within Cie boundaries the.eaf. The court also noted that other advisory boards, commissions and committees must meet witldn the city limits ex- cept for meetings which require an examination of facts and data outside the territory of the local agency. (Five Cities Times Press Recorder.' et al v. City of Arroyo Grande - 1975 - San Luis Obispo County Superior Court No. 45437). The Merced City Charter requires that all City Council meetings be held in the Coun- cil Chambers in the City Hall (Merced Charter Sec. 409) . Notwithstanding that notice was given of Council dinner meetinga heal in local restaurants and which were attended by the press, such meetings at which there was a discussion or deliberation concerning public business, were held t:. be a violation of the Brown Act. While the Charter require- ment concerning the -Race of holding meetings was controlling, it should be noted that ouch gatherings were held to be "meetings" within the decision of the Sacramento Ne ws- riaper Guild case discussed previously. Meetings of Councilmen, with other municipal, coanty or statewide legislative bodies or officials for the discussion of matters of common interest, wherever held, were excepted (Linton v. City_Council - 1968 - Merced County Superior Court No. 37039) . A number of procedural rules ale., are laid down in the Brown Act. It requires that the time and place of regular it ratings be set by ordinance, resolution, or by-laws. A regular meeting falling on a holiday is to be held on the nest business day. In case of an emergency, the presiding officer may designate another meeting place (Sec. 54934) , Any type of meeting may be adjourned to a time and place specified, or by the clerk or secretary in the absence of all members, in which case written notice must be given in the same manner as prov;ded for special meetings. A copy of the order or notice of adjournment is required to be posted at the place where the meeting was held within 24 hours thereafter. If the order fails to state the hour v-, which the adjourned meeting is to be held, it shall be held at the hcur specified for .jular meetings (Sec. 54955) . A hearing may be continued in the same manner as a meeting may be adjourned, but if it is continued less than 24 hours after the time specified in the order or notice of hearing, a copy of the continuance order or notice must .- po.w. -d immediately following the meet- ing (Sec. 54955.1) . Notice of a special. meeting, which may be culled by the presiding officer or a majurity of the members, is required to be delivered personally or by mail to each member and to each local newspaper, radio. or television station which has requested i notice in writing, at least 24 hours prior to the time of the special meeting. The ' -li- t t ai business to be transacted must be specified in addition to the time and place, and no other business may be considered. Written notice may be disper eed with as to any member who files a written waiver of notice at or valor to the time of the special meeting. Any waiver may be given by telegram. `,"ritten notice may be dispensed with as to any member who is actually present when the meeting convenes (Sec. 54956) . The required notice to news media of special meetings must be actually delivered at least 24 hours before the time of such meeting to those media who leave requested notice in writing. Deposit of such a notice in the mail is not sufficient (53 Ops. Cal. Atty.. Gen. 246 - 1970) . Any property owner within a District (but not a city) may request in writing mailed notice of every regular or special meeting (Sec. 54954.1) , The detailed requirements to be complied with by the District are set forth in the statute. The right to notice of special meetings has been strongl; upheld. As early as 1858 the State Supreme Court (Count of Eldorado v. Reed - 11 C 130) held that the business of the Supervisors is required to be transacted at the regular meetings provided by law, and the public is entitled to notice of the business proposed to be txansacted at special i meetings. The press may require twenty-four hours advance notification cf any special meeting of the whole puhlIJ agency, but such notice is not required as to any regular or adjourned regular meeting. The minutes of a regular or special meeting of the legislative body of a local public agency are public records open to inspection (32 Ops. Cal. Atty. Gen. 240 - 1958) . MISCELLANEOUS PROVISIONS In 1070 the State Leg!elature added several provisions to the Brown Act. Every local agency within the purview of the Brown Act is forbidden from conducting any meeting, conference, or other function in any fccility that prohibits the admittance of any person, or persons, on the basis of race, religious creed, color, national origin, ancestry, or sex (Section 54961) . "In the event that any meeting is willfully interrupted by a group or groups of per- sons eo as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interruvdng the meeting, the members of the legislative body conducting the meeting may order the meeting room cleared and continue in session. Only matters appearing nn the agenda may be co:&sidered in such a session. Duly Pecredited representatives of the ree� or other news media exoe t those participating � P P P P P g in the disturbance, shall be all, wed to attend any session held pursuant to this section. Nothing in this section shall prohibit the legislative body from establishing a procedure for readmitting an individual os individuals not responsible for tillfully disturbing the orderly conduct of the meeting" (Section 54957.0.) . Aug.1975 -12- Y I BROW ACT - Council Meetings (Government Code) 54950. In enacting this chapter, the LeRie;.ature finds and deilares that tba public commissions, boards and councils and the other public agencies in title :state exist to aid in the conduct of the people's business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted open- ly. The p-.ople of this State do not yield their sovereignty to the agendlesr.which serve them. The people, in delegating authority, do not give their public servapts the right to dec!.de what is Rood for the people tv. know and what is not good for them to know. The people insist on remaining informed so that they Busy retain con- trol over the instruments they havL created. 54950.5. Thic chapter shall be known tia the Ralph M. Brown Ast. 54251. As used in this chapter, ":, al agency" means a county, city, whether ge.,trol law or chartered, city and covaty, town, school disk:i^t, municipal corpor- ation, district, political subdivision, or any board, commission or agency thereof, or other local public agency. 54951.1. for the purposes of this chapter, and to the extent not inconsidtent with federal law, the tarot "local agency" shall include all private nonprofit or- gaalsations that receive public money to be expended for public purposes pursuant i to the "Ecanomic Opportuaity 'Act of 1964". 54951.7. "Local agency" includes any nonprofit corporation, created by on& or more public ageteies, whosa board of directors is appointed by sueb public agencies and which is formed to acquire, construct, reconstruct, nalntaia or operate any public Mork project. 54952. As use.i 3n this chapter. "legislative body" menus the governing board, coemissiou, airectors or body of a local agency, or any board or commission thereof, and shall include any board, commisslaus committee, or other body on which officers of a local agency serve in their official capacity as wm*err and which is supported In whole or in part by funds provided by such agency, wbether such board, commia- sion, committee or other body is organised and operated by such local agency or by a private corporation. 54952.3. As used in this chapter, "legislative body" also includes say advi- sory commissions advisory com.ittee or advisory body of a local agency, created by charter, ordinance, resolution, or by sty similar fotual action of a governin3 body of a local agency. )isatings of much advisory compiassuns, -*.omaittess or bodies coacerning sub- jeae which do not r*quira an exasiattion of :acts sod data outside the territory of the lucal agency shall be held within the territory of the local agency and shall be open and public, end notice thereof must be delivered personally or by mail at least 24 hours before the time of such nesting '.o each person who has re- quested, in writing, nvtLee of such meeting. j If the advisory commission, committee or body elects to provide for the hold- ing of regular meetings, it shall provide by bylaws, or by whatever other rule is utilized by that advisory body for the conduct of ice business, for the time and place for holding such regular meetings. No other notice of regular meetings is required. 8/s75 "Legislative body" as defined in this section dons not lucAude & committee composed solely of members of the governing body of a local agency which are lens thau a quorum of such governing body. The provisions of Sections 54954, 54955, 54955.1, and 54956 shall not apply to meetings under rble section. 54952,3. As used in this chapter, "legislative body" Also includes, but 1.9 not :.united to, planning commissions, library boards, recreati a commissions, and other permaaent board3 or commissions of a local agency. ti4952.6. As used in this chapter, "action taken" mean& a collective decision made by a majority of the members of a legislative body, a collective commitment or promise by a majority of the members of a legislative body to make a positive or a negative decision, or an actual vote by a _sjority of the members of a legis- lative. body when sitting, as a body or entity, upon a motion, proposal,- resolution, :der or ordinance. 54933. All meetings of the legislative body of a local agenc.. shall be open and public, mad all persons shall. be permitrel to attend any meeting of the legis- lative body of a local agency, except as otherwise provider iu this chapter, 54953.3. A member of the public shall not be required, an s condition to atteneance at a meeting of a legislative body of a local a(-ency, to register his name and other Information., to complete a questionnaire, or otherwise to fulfill any condition precedent to his attendance. 54954. The legislative body of a local agency shall provide, by ordinance, resolution, bylaws, or by whatever other rule Is required for the conduct of busi- ness by that body, the time for 'holding regular meetings. Unless otherwise pro- vided for in the act under which the local agency was formed, meetings of t1w leg .s- lative body need not be held within the boundaries )f the territory over which the local agency exercises jurisdiction. If at any time any regular meeting falls on a holiday, such regular meeting shall be held on the ne:ct business day. If, by reason of fire, flood, earthquake or other emergency, it shall ue unsafe to meet in Cie place designated, the settings way be held for the duration of the emergency at such place se Is designated by the pr.siding officer of the legislative bady. 54955. The legislative body of a local agency may adjourn any regular, ad- journed regular, special or adjourned special meeting to a time and place specified In the order of adjournment. Less than a quorum may so adjourn from time to time. If all members are absent from any regular or adjourned regular meeting the cl^rk or secretary of the legislative body may declare the meeting adjourned tc a stated time and place and he shall cause a written notice of the adjournment to be given in the same atoner as provided in Section 54956 for special meetings, unless such notice Is valved as provided for special meetings. !l dopy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place ,where the regular, adjourned regular, special or adjourned special meeting vas hold within 24 hours after the time of the adjournment. when o regular or adjourned regular meeting is adjourned az provided in this section, the resultlug adjourned regular meeting is a regular meeting for purposes. When an order of adjourn- ment of any meeting fails to atlte the hot - at which the adjourned meeting is to be field, it shall be held at the hour spec..fled for regular meetirge by ordinance, resolution, by lasts, 6r ocher rule. 54955.1. Any hearing being held, or noticed or ordered to be held, by a legis- lative body cf a local agency at any meeting may by orde► or notice of continuance be continued of recontinued to any subsequent meeting 2f the legislative body in the .2- I same manner and to the same extent set forth in Section 34995 for the adjournment of meetings; pvovided, that if the hearing is continued to a time less than 24 hours after the time specified in the order or notice of nearing, s copy .f the ord•:r or notice of continuance of hearing shall be posted Immediately follawiug the meeting at which the order or declaration of continuance was adopted or made. 54956. A special meetin6 may be celled at any time by the presiding officer of the legislat-ve body of a local agency, or by a majority of the members of the legislative body, by delivering personally or by =11 written notice to each mem- ber of the legislative body and to each local neuspbper of general circulation, radio or television otation requesting notice in writing. Such notice anst be de- livered personally or by mail at least 24 hours before the time of such meeting* as specified in the notice. The call and notice shall opecify the time and place of the special meeting and the business to be tranacted. No other business shall be considered at such meetings by the legislative body. Such written notice may be dispensed with as to any member who at or prior to the time and meeting convenes files with the clerk or secretary of the legislative bod7 a written waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any member yPho is actually present at the meeting at the time it convenes. 54957. Nothing contained in this chapter shall be construed to prevent the legislative body of a local agency fron holding executive sessions during a regular or special meeting to consider the appointment, employment or dismissal of a public officer or employee or to hear complaints or charges brought against such officer or employee by another public officer, person or employee unless such oftieer or employee requests a public hearing. The legislative body also may exclude from any such public or private meeting, during the examination of a witness, any or all other witnesses in the matter being investigated by the legislative body. Nothing in this chapter shall be construed to prevent any borrd, commission, committee, or other body organised and operated by any private organization as de- fined ir. Section 54952 from holding executive sessions to consider (a) matters affecting the national security, or (b) the appointment, employment or dismissal of 'an officer or employee or to hear complaints or charges brought against such officer or employee by another officer, person, or employee unless such officer or employee requests a public hearing. Said body also may exclude from any such public or pri- vate meeting, dur:nE the examination of a witness, any or all other witnesses in the matter being investigated by the legislative body. 54957.6. Notwithstanding any uthe: provision of lew, a legislative body of a local agency may hold executive sessions with its designated representatives prior to and during consultations and discussions with representatives of e!+aployee organi- zations regarding the salaries, salary schedules, or compenas►ion paid in the form of fringe benefits of employees in order to review its position and Instruct its designated representatives. 54957.9. In the event that any ireeting is wilfully interrupted by a group or groups of peraonr se as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are wilfully inter- rupting the meeting, the members of the legislative body conducting the meeting may order the meeting room cleared and ccntinue in session. Only matter's appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating -.n the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the legislative body from establishing a procedure fer readmitting an individual or individuals not responsible for wilfully disturbing the orderly conduct of the meeting. -3- 8/'75 i 77 54955. The provisions of this cha;;er shall apply to the legislative b&dy of i every local agency notwithstanding the conflicting provisions of any other #tste .:na. 549.59. Each member of a legislative body who attende a meeting of such legis- lative body where action iu taken ir, violation of any provioion of this chapter, with kmmledge of the fact that the meeting is in violation thereof, is guilty of a sisdeneanor. j 54960. Any interested person may commence en action by &andarus, injunction or declaratory relief for the purpose of stopping or preventing violation# or threatened violations of this chapter by members of the legislative body of a local agency or to determine the applicabi2lty of this chapter to actions or threatened future action of the legislative body. 54961. No local agency shall conduct any mca Ling, conference, or other func- tion in any facility that prohibits the admittance of any person, or persons, on the basis of race, rizligicas creed, color, national origin, ancestry, or sex. This soction shall apply to every local agency as defined in Section 54951. s i i r f i i I f -4- BP 75 Ica U R03ERT a. COCKINS City Attorney Santa Monica, Californie THE CLERK AUD THE BROWN ACT fi Il I ` Some Remarks Delivered Before: THE SOMERN CALIPORNIA CITY CLERKIJ' ASSOCIATION Quarterly Meeting - OJai, California June 24, 1960 I THE CLERK AND THE BROWN ACT Mr. Chairman, Ladies and Gentlemen: Today I have been asked to speak to you about the Brown Act or the so-called "secret meeting ldw". I do not believe there is any piece of current legislation that ha3 occasioned more con- troversy. A great deal of heat has been generated, but very little light has been thrown upon the Act as a whole. There is the question of when is a meet..ng not a meeting and that sort of thing. The Attorney General has ruled that a committee composed of less than a quorum of the members of the c^until or whatever other body is con- cerned may meet in secret and determine questions to be presented to the full beard. Recently, we had a rathea, anomalous situation. At the la$;. session of the Legislature, the Assembly passed a resolution which had several self-serving "Whereas" statements but which, in the resolving section, took everyone to task for violating the Brown Act. On the other hand, at the same session of the Legislature, the Senate, using almost the same "Whereas'", passed a resolution commending everyone for their fine cooperation in carrying out the precepts of the Brown Act. When two, houses in the same legislature f i on the same set of :facts come to diametrically opposed conclusions, it is no wonder that people are confused as to just exactly what the Brown Act requires. i You see before you a man who has attained the unique i distinction of becoming a footnote in a pamphlet by way of the Bureau of Public Administration of the University of California at Berkeley. :Some time ago, the Bureau published and distributed a i definitive essay entitled, "Open Public Meetings of Legislative Bodies--California's Brown Act", by Albert 0. Pickerell and Edward L. Feder. I commend this document to your attention, this being as giod a summary of the pros and cons of the Brown Act as there is presently available. That's where I appear as a footnote. -1- How I became a footnote is of some interest in and of itself. I had occasion to speak to the Attorneys' Section of the League of California Citien on the. Brown Act, my paper being en- titled, "The Drowa Act vs. Good Government". That little gene created the impression that I, as an individual, am a proponent of mearet meetings and sub resa legislation. Let me hasten to assure you that such is not the case. I believe in open meetings. I believe that no legislative action should be taken without full public discussion, and I am a first believer. in the peoplela right to know. I am also certain that the great majority of legislators and ether public officials believe this also. I feel teat some of the opposition to the ,Brown Act aroas out of the fDct that it became known as the "secret meeting law", a i lterm odious in the extreme, and that legislators and other public officials had the feeling that they were being held up to criticism k for things that they had not done. The Brown Act got its impetus in the early 1950's because of certain conditions that existed. As you know, we have many districts, including scnaol districts, irri.; tion districts, etc., and these districts were apparently running things to suit them- selves, holding meetings and passing rules, regulations, and laws without any prior notice to the public, the only notice being the final act. The newspapers, ever zaalous to protect the right of the people to know, made every effort to get the various agencies to give the public a reasonable opportunity to be heard. This was not alone In the state of California, but all over the country, and it was felt by the press that it was the only representative of the general public in a position to do anything atout it. The outstanding leader in promoting public meetings in thle state was the San Francisco Chronicle. The abuses were substantial and lead to the introduction and passage of the Brown Act. All the Brown Act does, I Submit, is -2- 1 . g+aarantee to the people their fundamental right to know about and participate in leSislation. Because city councils are, without doubt, the closest group to the people, all their sound and fury devolved on them, though they were by far the least offenders. How- ever, city councils, for many years, had been holding what are euphemistically called "study sessions", and it was upon these study sessions that the general wrath of the people fell. Study sessions, for the uninitiated, are informal meetings i prior to the regular meetings in which the staff briefs the council on the matters appearing on the agenda. In most instances of which I am aware, the press is invited to be present and is present. No action is taken at these meetings, as it could not be. I do not feel that the act of city councils in so doing was subject to the great amount of criticism they received, but as noted above, city councils are the closest group of legislators to the people and, in reality, the only croup of legislators to whom the peoplo look for relief on any subject. As a result of the Brown Act, there have been filed three lawsuits that I know of personally, the first being; Minter v. CCiiq of Santa Monica. The demurrer of the City of Santa Monica ws2 overruled; Santa Monice. answered, and the case was subsequently dismissed, primarily because, I believe, of a change in the manner that the City operated. In other words, the lawsuit, insofar as i the plaintiffs were concerned, had accomplished its purpose and there was no reason to further belabor the izsue. What tha'. lawsuit did was change the manner of holding study sessions. Santa Monica now holds study sessions, when the same appear to be advisable, in the Council Chambers immpdiately prior to the regular meeting. All persons interested or otherwise are invited to be present. The only rule in regard to those persons is that they are not entitled to be heard d»ring the study session but do have the right to acquaint themselves with the same informs- , _�_ tion as the Council has. The sessions are r,ot designed for debate amongst Council members, but only to disseminate information. Council members are at liberty to quiz department heuda and others as to gust exactly what is proposed. This procedure has been eminently satis- factory and has ,treated a favorable impression, I think, with the general public. The second case is Rialto Publishing Company v. Wy Of Rialto. The demurrer in "hat case was sustained; however, the judges opinion does not sat forth the facts in sufficient detail to permit definitive comment on his ruling. It le my understanding that that ruling is now on appeal. The third case involves the C' �y of Culver City and its i Planning Commission. In that case, and I do not recall the names of the plaintiffs, plaintiffs charged the Planning Commission with I i violating the Brown Act in that prior to the submission of a petition to the Planning Commission, the proponent of a zone changA Invited the members to dinner. This case was tactually tried and Judge i Newcomb Condee ruled that there was no violation. This case Is also on appeal, I understand, The basic question, not decided by any of these cases, is whether or not a charter city is governed by the Brown Act. When i the legislation was originally pror-easing through the Legislature, the Legislative Counsel wrote an opinion to the effect that the Brown. Act aid not apply to charter cities. Subsequently, the Attorney 1 General wrote an opinion that it did apply to charter cities, and, i thereafter, the Legislative Counsel wrote a second opinion concurring with the Attorney General. In the 1959 session of the Legislature, 1 { charter cities were expressly included. This is known as lifting yourself by your own bootstraps: if it is a municipal affair, no amount of legislative verbiage is going to affect the subject. However, in the main, whether or not the Brown Act applies to charter cities is an academic question and one in which lawyers -4- could wrangle forever to no good purpose. As indicated at the outset, the Brown Act is an effort to guar&ntee to the people the fundamental right to know, and whether a city Is a general law city or a charter city is of no moment. It is the duty of cities, as it is the duty of every other public body, to carry on their business in public. One of the big objections to the Brown Act as i; presently stands is that there are no ea,ictions for violations thereof; at least that is the general impression I get from my readings on the subject. I personally believe that a violation is a misdemeanor under Section 1222 of the 0overnment Code, which reads as follows: 118very wilful omission to perform any duty enjoined i by law upon any public officer, or person holding any public; trust or employment, whore no special provision f is made for the punishment of such delinquency, is punishacle as a misdemeanor." 14-lieve that the problem of proof of violation in a criminal case may be extremely difficult. But what would be the result If A piece of legislation were passed under circumstances which clearly ! i violated the Brown Act? Is the legislation invalid? Where bond 11� issuca and that sort of thing are concerned, in my opinion com- pliance with the Bromn Act is a must because it is quite con- ceivable that a violation of the Brown Act could vitiate any legislation, and this could be disastrous in certain types of legislation, including bond issues. What a:,e your responsibilities as Clerks under the Brown Act? As you know, :he Brown Act appears in Sections 54950, et seq. , of the Government Code and encompasses several things of interest and importance to City Clerks, but primarily the calling of meetings and -she Clerkls duties in connection therewith. Under the Brown Act, 24 hours notice must; be given to the local newspapers and radio stetsons of the holding of such a meeting, and all special meetings -5- require 24 hours notice to the members o.? the council as well. Thin is contrary to the Government Code section governing general law cities on the calling of special meetings which is three hours, as are: most charter provisions. Taking the view that the later in time governs, it would appear that the Brown Act supersedes, inaofar as general law cities are concerned, the three-hour provision, and as a peactical :natter supersede , city charters, though Judge David, �.n Minter v.,City of Santa Monica, was of the relief that the calling of special meetings was a matter of municipal concern and not governed by the Brown Act. We can all think of the theoretical argument, "Well, suppose you have to have a meeting within three hours?" My sug- gestlon is let us wait until that t1rle comes. In my experience, it never has been necessary to call a special meeting on such short notice, and as a practical matter, x doubt that 'that time ever would occur. However, it would be a fact question, I believe, should such a question arias; namely, the necessity of such short notice, and in that case, substantial compliance with the law would, I believe, govern the sic •.,ation. "he gimmick that involves City Clerks mostly is the adjourned meeting. In 1055c , the Government Code Section 94595, dealing with adjourned meetings, was amended. As you know, a meeting may be adjourned by the Full council., by lees than a quorum, or by tra clerk or secretary of tile legislative body where no member of the body is present. In any of 6heoe cases, where the meeting is adjourned to a date certain, the clerk must, within 24 hours, post a notice of the adjournment. This is done in two ways ; by posting a copy of the order of adjournment, or, in the case where the clerk or secretary does the adjourning, by posting a notice of adjournment. To accomplish the pasting of the order, you should post certified excerpts from the minutes of the meeting adjourned, showing the opening portion of the minutes, including the date, hour, place, and -6- wr�x:r•wra" ,wraear�tieo.^ ,...�.f . �.�...�.r�........_...__.�.._...� � _ .. _. ._ __ type of meeting, and opening r01 call and also the order of ad- journment. You must remember that the Brown Act provides that such orders of adjournment must state not only the date and hour to which l the meeting is adjourned, but also the place, even though that place I� may be the same as the regular meeting place. Where the clerk or secretary handles the adjournment be- cause of the absence of the members, what he posts is a notice. I have attached a form of notice to this paper which was originally prepared by OlMelveny & Myers. The clerk, when he adjourns Such a meeting, should prepare hij minutes in the usual way, showing date, hour, place and type of meeting, the absence of all the members but ie clerk and the fact that he declared he meeting adjourned o, t g jv t o � specific date, hour, and place. This form i- marked "Exhibit J`" . The posting either of the order of adjournment or the notice by the clerk must be in a conspicuous place on or near the door of the meeting place within 24 hours after the time of ad- journment. After he has perfoinned the posti-.ig duty, an affidavit of I said posting should be prepared by the clef-::, and the same should be placed In the official files. A form of affidavit, also pre- pared by OlMelveny & Myers, is attached and marked "Exhibit B". The clerk or secretary of the legislative body* has an additional duty vil,en the adjournment is performed by himself in the absence of tb:: men'.:•_rs of the legisla`.i•ve body. He mast prepare and give notice in the same manner as he would for a notice of a special meeting, and these notices must be delivered personally or 11 by maJ1 at lea3t 24 hours prior to the time to which the meeting is � adjourned. This provision could cause difficulty if the meeting i were only ad j ourre 3 for a 21!-hour period. However, in such cir- eLmst;ances I belietie that substantial compliance would by suf- ficient. As a practical matter, a 211-hour adjournment where all members are absent io not likely to occur. Councilmen are not in the habit of playing truant en manse, and there is usually an under- -7- rp �,4 :+:.,c:e ...._.....�_:.._:.. 4r ,./l.s .. �..,:...._.,.a..:...., '' '��b.,...✓..t....:_:'�N:. .�:.�:.+.....1;:.5:.1'.r_:.�,.�L.,,;.:L;..,l standing of the date to which the meetin; is to be adJourned. The notice must be sent to each councilman and to each newspaper, radio station, etc. , which may have requested notice. The council members may waive this notice, but there does not appear to be any pro- vision for waiver by the newspapers and others. Howev( it would appear that there i3 no fundamental objection to a waiver )y the newspapers, their main desire is to know of the meeting. The form i attached, Exhibit A, may be used for this purpose. You should file an affidavit of the giving of such notice, and when the adjourned meeting opens, the cleric should recite the fact of the posting, and, where notice is required, of the giving of the notice and the fact that affidavits to that effect are in the file. The minutes should also show that It is an adjourned meeting, giving the time. date, and place of the ;prior meeting which was adjourned and the manner in which the adjournment came about, i.e. , either by act of the legislative body or by act of the cleric or secretary of said body. The forms attached, I believe, will adequately serve your purposes. It is important, in my opinion, that these rules be complied with. True, there is no particular law as to what happens if the provisions are not complied with, but it is conc ,tvable that all proceedings in connection with the adjourned meeting could very well be invalid. I have rambled on here for some time; I trust that what I have had to tray has been of some benefit and that you have a better understanding of the Brown Act and its mechanics. ROBERT G. COCKINS City Attorney Santa Monica, California -8- EXHIB'iT A NONCE OF ADJOURNMENT OF MEETING OF THE ?j I , OF THE (2) NOTICE' IS HERE-BY GIVEN that at the 3� ) meeting of the _ (1) _ of the (2) held __14) , 19 all members of said (1) i were absent therefrom, and the undersigned 5 of said (1) thereupon declared said meeting adjourned to �6�_ o'clock .M. on (6) . , R Dated: , 19 �51 of the (1) of the ..--.(2)r.�..-• (1) Insert name of legislative body, such as City CounvT1, Board of Supervisors.. Board oA' Directors, etc. enc such as City of White (2) Insert name of publicagency Y , County of Black, Drcrm Sanitary District, etc. (3) Insert Type of meeting adjourned, such as regular meeting, adjourned regular meeting, special meeting, etc. (4) Insert date of meeting which was adjourned to later time. (5) Insert; title of officer, such as Clerk, Secretary, etc. (6) Insert date and hoar to which meeting was adjourned. (7) Insert plac,: where adjourned meeting will be held, such as the Council Chambers of said City Council In the City Hall of said city. I I I I EMIDIT B STATE OF CALIFORNIA AFFIDAVIT OF POSTING 1 33, OF ADJOURNMENT OF MEE ��' COUNTY OF being first duly sworn, deposes and says: that I am the duly chosen, qualified and i acting (2) of the (3 of (4) ; that at the meeting of the (3) of the (�4) held __(6) , 1��, said r.:eet1,ig wa.. (7) adjourned to the time and place specified in the �11 of adjournment ATTACHED HERETO; that on 1! , at the hour of o'clock X I posted a copy of said 1 at m conspicuous place on or near the door of the place at which said meeting o£ was held. Subscribed and sworn to before me this day of Notary Public In in—d T5r sa County and State Ili (1) insert "order" or "notice" as the case may be. (2) Insert title of officer, such as clerk, secretary, etc. (3) Insert name of legislative body. (4) Insert name of public agency. (5) Insert type of meeting adjourned. (6) Insert date of meeting which was adjourned to later time. (7) Insert "ordered" or "declared" as case may be. (8) Insert date and hour of posting which must be within 24 hours after the time of adjournment. HOTEL CLAREl{ORT' p } / BERKELEY 5 c4iIff ornia Cities Tf{ORfiY?All 3.3083 { '!' '• hlrmErr rriraa ,111mirip'.1'41miarirn '11'rftrra chj" ofjr'ria!Pahli"11•00 440 STATLER CEiiTE'i L05 .ARVELEI 11 MADISON 4.4931 f Berkeley 5, California September 19, 1961 TO: Meyora, Councilmn, City Clerics, City Attorneys and City l hawra IJ Subject: Brmm Act - Public Feting 1wr i Complete tent attached 1961 awn ments underlined Recent amendment of the Dram Act, news stories and city attornef opinions inter- preting th-- revised Act and an unusual number of requests for our r1eus concerning the 1961 amendments, have prompted this bulletin. The views and comments of the undersignad are expressed im4diately after the following summary: 1. The Brown Act applies only to "action taken' by a legislative body and does not apply to informal gatberings or discussion sessions for fact-finding pur- poses.xhere no action is taken, The League does not recommend closed discussion sessions because there is always danger of ma]cing joint majority decisions and we comwer0- those cities which have adopted des providing for regular open dis- cussion sessions. Set Section 54952.6; Adler v. f'it Council of Culver Cit 1% C.A. 2d 763, TTo-TT1; k-v l Ordinance Fo. 8 o • City ofBwtsrau. 2. The Brown Act does not apply to meetings of committees of the council where such committees consl3t of less than a quonua of the entire council. See i Section 54952; 32 Opa. Cal. Atty. Gen. 240, 241-242; the Adler case, pp 771-772; ii and discussion below. i 3- The Brown Act makes violation thereof a mledsmeeawr and violation thereof was a miaaemenor prior to the 1961 amendments. see Section 54959; the Adler case PP 774-TT5; Section 1= of the Gov. C. and Section 1�T'f of the Peaol. Cog—. 4. All meetings of the City Council had to be open and public prior to enact- ment of the Brown Act in 1953 but there was no Mad' requirement with reapnot to certain local boards, commissions or districts. see sections 36805-366?1 of the Covernuient Code or the charter of your city. 5. At a meeting of a legislative body where action is taken, the spirit and letter of the law require not only that there be proper notice of the open meeting but also that there be deliberation, adequate and reasonable oiportuni''O for debate and reasonable opportunity for opponents and proponents to speak. See Sections 54950, 54953.3. 6. At a meeting where the legislative body takes action, there are only two exceptions to the requirement that the meeting (regular, special or adjourned) :3e open and public. The two exceptions are (1) to consider the appointment, employ- ment or dlmd ssal of officers or employees or to hear complaints or charges brought against: officers or employees imleas the officer or employee requests a public hear- ing, aM (2) to discuss pend?ng, proposed or anticipated litigation with the city attorney where open discussion would b aefit the city's adversary to the detriment of the public. S'lA Section 54957; 36 Ops. Cal. ty. Gca- 175; and Cozzo7ino v. City of Fontana,, 136 C. A. 2d 608. r_._.____ 7. While the Attorney General, most city attorneys and the u-dersigrp-d, as well as the Act itself, state that the Brown Act is applicable to charter cities, the Adler case ihd.icates that the question is not free from daibt. See Adler cone paae 7W, including footnote. 6. Mandamus or irjunation are available to stop or prevent violation or thr1:atened. violation of the Act. See Section. 54960. 9. The League was a co-sporoor of the Brown Act. The members of the U,145 : Board of Directore and the groat majority of city officials believe that where action is to be taken or commitments or promises made by a sraJority of a city council that such action, commitments or promises Phould be deliberated and Trade at an open and noticed meeting. C0MMM Put. the time of its enactment in 1953 to its most recent amendment in 1963., the Brown Act has received considerable attention from local government officials, news media and State Legislators. The great majority of local officials have subscribed to the State policy that action by local legislative bodies be taken opealy and deliberations be conducted openly. By action of the League Board of Directors, tht League vas a co-sponsor of the Brown Act. The League's otafi has participated iu drafting or appearing for or against amendments to the Brown Act at each login- ryative session since 3953. A great deal of the criticism of the Act has been gen- erated by either too arrow or too cautious interpretations thereof, moat of which were clarified by the Adler case. Because the 1961 amendments have been construed by the City Attorney c-P Los Angeles as making the Brown Act applicable to comit- teas of the council which consist of lees than a quorum of the mwbers of the coun- cil and because there is some misunderstanding about discussion or fact-gathering sessions where neither action is taken or deliberations conducted, we believe a' general, revirw of the Brarm Act as it now reads,, may be helpful to city officials. A copy of the Brown Act is attached (1961 amendments are unlarlitned). We suggest a carefal reading of the attached for a better understanding of the com- ments which follow. The Brown Act was primarily a restatement of the law as it existed prior to 3953 and in fact, fr m the for=tion of the first cities under the Constitution of 1649. Every cluo ter ve have examined requires council meetings to be public and the statutes under which general law cities operated also required meetings to be public. Bee Government Code Sections 5805-36811 "Meet s" were nut defined ( 3� ) �8 in the old law and neither are they defined in the Brown Act. The. purpose of the Brown Act was to give new vigor and meaning to the open meeting requirement, to extend the law to all local legislative bodies, boards and co=issihns, and to make uniform the procedural requirements for holding regular, special and adjourned regular or special mecxtirgs. Stated another way, the Brown Act was designed to gat an end, to closed meetings where d,cisions were made or agreements reached by a majority of the members of school boards, planning comnisc;cons or any local. legis- lative body, board or c a_.t ;aion. Wbere action is to be taken by legislative bodies, there Is rarely an excuse for an executive session or cloned or sscret meeting. However. the Brcnm Act it,• self provides for an executive session to consider appointment or dismissed. of -2- officers or employees (Section. 54597) and. the Attorney General har, stated: "The public intereut with idiich the 1h own Act is concerned doca not reciaire conferences between a city council and its city attorney held solely to d1swas litigation pending, proposed or anticipated, to be open to the public where a public discussion of such setters would redound to the benefit of the city's edveraart and to the detrlment of the public." (36 Cewl. Atty. t7en. 175) Prior to the 1961 amendments, so-called discussion or study sessions were bald by one ,tidge to be within the purview of the 13rown Act, (Minter v. Santa Monica, 'Los Angeles duperior Court No. 663318) while anrther judge at that a Act never was intended to make Illegal arW and all discussiow w d deliberations by'members of a City craacil except thor: carried on in a duly called and regularly held pub- lic meeting. (Gray v. City Of Rialtos San Bernardino Superior Omat No. 87481). These conflicting views were resolved by the District Court of Appeal in Adler v. Culver City, 184 C. A. 2d 763, when the District Court reached the sew conc3ul'Yon reed by the Superior Court in the Rialto case. 1c sb ld be nrted, as a practical matter, that several cities hold regular discussion or study sessions at a specific time and place established by ordinance and while all members of the public, in- cludIm representatives of news media, are welcome, they seldom attend becaoase no notion is taken and the meetings are purely fact-gathering. j The facts in the Adler case indicate that all VAt one of the aaubers of a planning commission attend�r�a ract-finding dinner meeting kith an iWtvidual who subsequently Oplied for a coning -barge. Tin dinner gathering was informal., no-one presided and no action was talu_tt or a saitment or promdse made. Subsequently, an application was filed and both the planning eamolasion and the city council bold open and pub- lic mwatt"gs as required by law. The Court in the idler case states: i "It seems quite evident that the language of the Brown-Act wu not j directed at anything less than.a forml meeting of a city council or ! one of the city's subordinate agencies. If it were, no practical line could be drawn. 'iris members of the planning comission and the city council. I,whether the fan number or only two or three members) would. be imped(xl in conducting Informal discussions asong themselves, thus exchangiag information, would be handicapped in viewing property upon which they were about to legislate, Would be unable,to confer with real estate experts or with their planning director or with informed imU- • ' . viduals leaving epeciel qualifications to speak upon municipal pr6b2ams." The quoted language is similar to heat of the Rialto case, wherein it was said: "It is cc=tonded that -the City Council cannot meet to deliberate or discuds city problems except at an open wA pablie meeting regularly held or especi- ally called under the provisions of Section 34936 of the tlmrnment Code. Section 54950 of the Government Code is a declaration of policy which T think means that no formal action can be taken with respect to any city matters except at a public meeting held as required by the provisions of the Government Code and that before any stch formal action-be taken, a reasonable amount of deliberation and discussion should be bad with,re- epact thereto at a public meeting so that the public mmy be thformed of what is proposed and the reasons for it. 1 think further that:the Sec- tion anticipates public arguent and debate, but certainly Section 54930 of they Government Code was nomr Intended to make illegal sad► and all discussions and delib--ations by mar-ors of the City Council except that -3.. carried n a, duly called or regularly held public meeting. It is the duty a city councilman to discuua end deliberate freely concern- ing city Ijroblems with his constituents, with other city officials, other city councilmen, and in fact, ate► other person who can be of help; aad such discuoeions and deliberations should take place whnn- o er and wherever expedient." Therefore, prier to the 1961 amendments to the Brown Act, it can by aaid that dis- cussion or fact-gathering seosion.s were not within the scope of the Act. Sovever, A. B. = vse introduced early in 1961 to reverse `..he holding in Loth the Aalor case and 36 Ops. Cal. Atty. Gen. 175. As introduced, A. B. 12T would bXve awnded &- tion 54953 and laded Section 5W9 to read: "g4953. All meetings of the legislative body of a local agency abs17. be open wid public, and ell parsons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise prarided in this cbsyter. Knot shall be RUn even if held sole for the 2 of discussion Md no action a u or no decision ose to be meet oil ire u'b'QcT %959. No meting of the*le dative 'of-s.local aneEz shall be closed to nemd*zs o t erubl,10 oat that natters re s�i��0 rr r ate or antlegatM UtUxtion are to be discussed- at the ,ar-that s Vublia dIsmselon, of 1be sUbJact c would result in ate ad to eta eel of 1e or is a -to ?xt e. R*M- exca sons to the law a this x° bat meet of the ve bodies o ea n o _ e�es are thosec on After fill. com ttee dtebsctee, the above two provisions were deleted, frm A.' B. 327• SubaeegUeently.. A. B. 127, with further amsbdmnts, An passed and sent to tlee Garernor. •As "at to•the Gorernor; it included all or the underlined'lacgue a is the attached copy of the Act, excevL the obaWs I* sections 5W2 and 54957. ' it also iaciudt one,otbetr section the Governor *J*eted to sued be vetoed the bi= vith the understanding that the measure again voted be pssoed vithout tW ob- Jectioaable -se tlon. A. B. 363t vU ch alto am+etrW the BtM Act, was 'bhereesfter amended to include aU of the vetoed prorisioas of A. B. 29T except the oele eQc:•• tion to which the Owerwr objected. Thus, it is altar the Legislature: never,in_ tended to include infonal gatberinge or discussion sessiaas vhere no action *lei to be taken. On the contrary, the Legislature r+eiused to extend the nmvn Act to in- clude such sessions. Tye fact*tbat such discussion or study sessions, where co action is taken, ere not within the parriev of the Wmm Act does not xran that such gatherings shtsxld be closed to the public. On the contrary, wben the public ILtezaest wow not obv tously surfer, (" the city amwil. must make thie decUlon) even these informa so-amione mould be open to Bell vho i:lnt to attend.. It also has been said that the 1901 amendments my extend the Brown Act to coos" adttees of the council and to their m atinge. While the Uvguap is amb4pov-s . and perntts such a eowitruetion, it is our view that'the'Brown Act does not apply to eowdttaos of the council Wbere such coamitteeen consist of less than a quonme of the Members of. the legislative body that creected them. It aso is our view that the Legislature did not 1--tent to extend the Brown Act ti less tben quonua ccmcdt- tees of'the ca• , 11. We knm that such a Mal not discussed at wq stage of the legisLative considerstion of A. H. 3�ga sole prrpose of Jai.' B. 363 (pri '0 to incorporation or the prwiaions of A. B. 127) was to extend the Brown Act to s� private organizationp supported in Whole or in part by public funds and on -whose private board of directors a public official served iu his ofr�.cial capacity. Ile believe nothing more vas intended or accomplished. The legislative history of this and otter Bcuu1,3ns and a consideration of the entire Act mak,t thia clear. In December, 1958, the Attorney General, ruled that the Brown Act did not apply to .special committees or s '.b-committees of local legislative bodies where such com- mittees consist of less than a quorum of the members of the legislative body that created them. (32 Ops- Gal. Atty. Get. 240) Shortly thereafter and during the 1959 legislative session, A. B. 2181 Was introduced to amend the definition of "legislative body" as used in tLe Brown Act. A. B. 2181 would have amended Sec. 54952 to provid: c "549 2. As used in this chapter, 'legislative body' means the governing boa: .., commission, directors or body of a local agency, or any board or commission, committee, or adviso committee thereof." (Proposed ameaftents i showu by strike-out and underlining This bill was defeated after a full. hearing. If the Legislature had intended, in 1961, to extend the Brown Act to comittees of less than a quorum of a legislative ' body, the plain, simple and direct language used in 1959 would have been sufficient. A. B- 363, as introduced in 1961, woula, have added the following peragmph to the definition of "losei.slative body" contuined. in Section 54952. ' "54952. As used In this chapte r,* 'legis3lativa body' swans the governing board, + commission, directors or boor}► of a local, agency, or any board or commission thereof. "it also includes- any board commission, committee. or other body orgpized �d operatcd by any private organize.�... ,inu if the Lgdbership ezf the body is �,..I. _I.YM1.... ._.. 9 cceaposed is cart of gablic officers eiui the activitlles of the bcd,Y are aue- yorte d in whole or in pert by ublic fund!. • I The underlined 3 anow clearly applied *Y to private boards, commi"Jons and. comae!Ittees Lf the mebmberebip of the private organisation was ccgpm d iu part of Public officers and tine organization wss supported in jftle or in part by public funds. This Would have extended the Brown.Act to Chambers of Commerce aad they objected. A. B. 363 was then amended so as to apply, only to those publicly sup- Ported boes.de, comissions' or cmiittees of priva to ozzntzations on which public officials served in t+seir offlaial. capacity. Insteed of an additional paragmph added the underlined long nge was add to the fo: yr definition of "legislative body." "54952. As used .in this,chapter, 'legisl.aLtive•body' means the governiM board, commission, directors or body of a local agency. 'or any board or aMmaission thereof, and shall includes �3y! boarder comm�is�ion camauittee or other body on which officers of a local. agency serve in their offIc3.al. eascity r�s members and which is supported to whole or in Dart by_fun� pmvide:d kX such agency xhesther such b4ardi co�niesion j committee, or .....r otber bo& ib )rpnized and o _ b� enrr te c_oar►oration. y I 80 much for historical background and legislative intent. is &UQ should be noted that the court in the Adler case (pp. 771-772) construed the definition of "legis- lative body" to maw only boardsor comissione of the governing body and not sub- ordinate agencies such as planning o=iesions. Therefore,, the new lanV-Isp refers to boari ;, ccmanissions or committees of somtd,i,ag other than those of the legisla- tive body. An tutireely nev section, 54952.5, was added at the wage• time to inul.ude -5- planning co=zi.ssiono and similar purely gablic aubardinate a3eneies. It can also be argued that committees ccmgoscd of lees than a quotmm emmot "takt: action" and therefore cannot be Included in the Brown Act. The Attorney tteneral in 32 Opa. Cal. Atty. Can. r_,kn, 241, states: "We are asked if meetings of ccmdttaes of a local agency are covered by the statute. Local agencies may and do perfotm much of their work through committees. Public agencies usually have a number of stan3ing cammittaos and frequently appoint special cowdtteee to investigate aW report Cote ceraing specific matters. Such committees arc zwre ini tausentalitiee of the governing agency and, their detertndnatUms are not the detcrminati ono Of the &Mncy. 2h.1e agency try not delegate Ito powers to a committee. . Oaly when and if the evacy rstifies and approves the act of one of its ca®ittees does it become the act of the agency (See Mogs1311n, Mudcil*l Corporations, sec. 13.51). A good general discussion of this aubject is conta,inned, in 37 Ansevican Jurisprudence section 53, pages 66T-668, xlaerein the tout writer susses: 'A an dapal council cannot delegate to ate of its osrn Cotataitteea or to easy other municipal officer the power to decide upon legislative matters properly resting in the judgmeent e,tsd discretion of the council or, as ]sold 1sy some ,authorities, to me mectber of sucb g►werning body.......The members of the costncil are chosen by the People to represent the awdelpelity and.tLoy•are chaicgsd with a public trust wA the faithhtl perfors knee of 'their duties; and the public is entitled to the judgment and discretion, in all matters where such elements enter lUto tra;tw tions in behalf of the muttielpality, of each =SW bar of the boar upon *Moh cathordty to act is.conferred. DA unless the council is.restricted by its Charter.sac . ON rtetate from so doing, it bus been held that it t+l W refer,mattera coning before it to a camdttee in.ord-T . . that these any examine the subject matter and collect the facts pertaWng thereto and =A* report thereon for the fuller tnformati,on of the entire comwil.'" Mis 24APUge vw cited with approval in the Adler case. while the above opini= was Witten in 1958, the reasoning is appltcagg't-o tale current deflation of "action taken" is Section 54952.6 of A. B. 363. It Cleo should be noted here that the City Attormy of. Loa Angeles, in holding the new language of the Brown Act to exte%sd to long than quorum a-= ttees of the Leas Angeles Carmel,, W Dave considered a unique Los Angeles Martev provision which i s#as+,es; ``Sec-14. All the fu=tionsof the stwerument of the city aW l., b;r• ordinance, be divided or Vmpe4 Into divisions equal to vie number Of the members of the Council and each member of the Council abLU be chairnan of a camadttee ccneisting of three C=ctlwn for one of such divisions. It shall be tue duty of each cuch caaaaitte a to be finny in- formed of the business of the city included within the division to vhich it Is aaelped and to report to the Council such information oil r!? U en- datim s concerning the business of ouch divisions as olW l be nece,saary to enable the Ccv=JLJ proper3y to legioUte for such division. Each Court U casmsittee shall, as such cotaadttea, have no administrative con- trol over the various functions of the city gnver=ettt emtraced within -6- rr� o tho division to Which it in asaigned, but nhall perform the duties of investigation for and reca=enda-c:on to the Ccancil in ita vors of login:ation; and the adaLlAetration of all the bunches of the city government emoraced within the said oubdivisio r shall. cgntixw to be vested in tks officials duly ulectnd or appointed iu accordance with the provisiou of this charter. Said card teens, and vhe chair- men thereof, shall be appointed by the President of the Council.." For all of these reasons, it Is n V view that the E r,.-u Act does not apply to lees than quo= committeca of the city council. Vto 1961 wandments provided: 1 - Violation of the Act le expresaly made a miademanor. f 2 - ftndams or injunction are m de available for the purpose of stopping or preventing violations or threatened violations of the Act. 3 - The Act is extended axpressly to planning caxmi.aeI=e,2 bmry- boards, recce- ; v',ftr. cc=1seion3 rood, of-nasr permnent bonds or ccumizolow. 4 • Under the Buster u'i poxtlm of Araemb4t Bill 363, the Act also is extended to ! sJsi-public or private organisutiom supported by publi- funds where an officer jof a local agency nerved in h1s official capaeity as a xx&er of the quasi.yublic or. private 'x:atd, commission or ecndttee. S " "Action taken" In define& to refer wt only to formal seetinp =A actual VOt- Lug to air meetings Where collective decisions or commitunits or promises to dxisiontr are mean, r ew confident that the Cali:tornia lax requiring VubU* meetings of fecal Xegi.s- lntive bodies is at Ieast as caqadebensivs as ary similar statute in the cauMT and that local. legislative bodies aclbariaz to the latter thereof will seriv am, pletelY the eni,a of Roll disclosure. Each city trill, of eourso, be guided In the f1ne3 analysis by the opinion ad views of its own city attoraty. ( Those city attorMs desiring to read adaitioml end materials and declaims '��' examd,rte: • 1 Secrecy anC access to admirdstrative rscosds, 44 r.L.R. 305. 2 • 'l7trk v. Richard 47 Ec 2d 543; CSt�pf�Le� Y�a7•�1 S.W. ?1t 659; Asia Y. , Pee. ; State v. ee .W. • , . 14, Csl ifa er, zt as ); See. lo, Chap. 12, States. 1$50; Sea. 3, Chap. 67s Staf a 1850: Sa,a. 51, 319, 520, 6U, 'l'60 and 859, Chap: 49, atats. MI. , I gichaxd Carpsrcts3:r � �,,:oscat3ve M:rcctor � and Oeaeral Cau:aal PP 1 ERCTIN ACT - Council Meetings (Government Code - 1961 oLe dints underlined) 54950. In enacting this chapter, the legislature finds and declares that the public co=dasions, boards and covucils and the other public agencies in thie state exist to aid in the conduct of the people's business. It is the ,intent of the law that their actions be taken openly and that their deliberations be..conductiAi openly. The people of this State do not yield their sovereignty to the agpiaies.Alch serve them. The people, in delegating authority, do not give their public sermnts the right to decide -chat is good for the people to ]snow and what is not good for then to know. The people insist Gil remaln' g informed so that they may retain con- trol over the instruments they have crer.ted. i 950.5. This Sbt er shall be ksamm as the Rer1yn M. I rows Act. 54951• As used in this chapter, "local sgency" =ens a county, city, whether j gencral law or chartered, city a-.A county, town, sohool district, municipal corpor- ation, district, political subd:!vision, or any board, commission or agency thereof, or other local public agency. 54952. As used in this chapter, "legislative body" wens the governing bound, cemzd sion, directors or body of s'local agency, 'or amf boaft or commission thereof, and shall include board commission committee mr other body on,which officers of a lazal agencyserve in their c capacity as ^s am WhIcils su In vbole or In glIt by.fWdi _PiMM c v r Quo board,, .o ss on, C30ee or other I EMa BuOh ,IOCILLM site .?z d� �e corporation, 9 . 1 2• As used, in this_chapter "1e islstive body" also inclndf%s,, but id not limited o commfsirns recreatlon camlsolons, .am per per rrsre boards )r cam3loalms optic ages y. `..- 54 2.6 As need in :hie c ; er "action tskeim". means a collative decision f be" a of;f6i ==bars-of a-legislative bW, a"co vie caiazwff { „fir se a rs of s s ve to IMU 'a Vositire or,a ne ve decIfilon, or an actual vats it nlovkty of the mcbers of a,le s- 3a vtr PoOZ vbmn sittlog as a bWy or anti u a motion resolutlon, r or ordinance. ; g4933. All meetings of the legislative body of a local Mency shall be span ! and public, and all persons shall be permitted to attend ear meeting of the legis- lative body of a. local agency, except as c7therwiso provided in this ehapter. i 54953.3 A mamber of the public shall not be require ,. an a condition to otter- dw-ce at a meeting:of a legislative body of a local agency, to regintter his name 1 and other information, to ,,,amplete a gaaetionnetre, or uthe-_vvise to fulfill ejW condition precedent to his attendanco. 54954. The legislative "body of a local agency shall provide, by ordinence:, resolution, by-laws., or by whatever other rule is required for the conduct of busi- neso'by that body, the tuna for holding regular meetings. Unless otherwise pro- vided for in the act user Which the local agency was forted,, meetings of t;ti: legis- lative btidy need nct be held within the boundaries of the territory over which the 1 local agcuay exercises Jurisdiction. Tf at wW tiha any regular mectL4g falls on t hollday, ouch regular meeting oWl be held on the next business •deaf: --If, by reason of fire, flood, earthquake or other emergency, it shall be unsafe to meet in � the place desigmted, the meetings may be held for the duration of the emergency at such place as is designated by the presiding officer of the UgWAtlie body. j .I- 1 54955• The legislative bod r of a local agency mGy adjourn any reirilar ad- 5otu'ncd regular, special or PAJourned spacial =eting to a time arA place specified in the order of adJcurnmont. lens than a que_►rum only no adjourn from time to tiL4- lf all membera are absent from aqy reguUr or adjourned repul.e_r meting, the clerk; or s;ecrevary of the legislative bolt' may declare the meeting WrRu-ned to a stated time and, place and he sha11 cause a written notice of the adjournment to be given in the same manner as provided in Section 54.c)56 for special meetings, unless such notice is valved as provided for special meetinge. A copy of the order or notice Of adJOU=ment shall be conapicuously posted ou or near the door of toe place vhB re +to regul%r, ad.,lcuraed regular, opeciaa ;sr sadjouxwd special meeting vio held. within 24 hams after the time of the aadjoursmsent. Men a regular or mourned regular meting is adjourned as provided in this sections the resulting adjourned re Val•ar meeting is a regWAr teeetissg for all purposes. When an order of ad journ- zwnt or any meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings by ordinance, resaolition, bylaw, or other wile. 54956• A special meeting may be called at any time by the presiding officer of the legislative body of a Local agemy, or by a maJority of the members of the legislsstive body, by sl=livening personal7,lt or by mail written notice to each ms:m- ber of tue legislative body and to each local newspaper of general circulation, radio or television Ptatio n regazesting,notice in wMting. Such notice Rust be de- livered persow-11 y ear by mail at least 24 hours before the time or such zecting spa specified in the notice. Me caU. and notice oW l specify the time Pnd place of the special meeting and the business to be transaacted. No other business shall be cansaid$red at such meetings by the legislative body. Bach written notice way be dispensed with as to auayr maneber who at or prior to the time and meting convenes fifes with the clerk or secretary of the legislative body a written waiver of notice. .lath vairex may be given by telegram. Such written notice may also be dispensed with as to wW member who i.s actually present at the meeting at they time it convenes. 54M. Nothing contained in this chapter cball be construed to yreveent the lbgislativer body of a Local agency from holding executive sessions during a regaur Or special meeting to consider the appointor eat, astiployment or dismissal of a puab)lc officer or eml ojw or to hear ccWlaints or cbmWo bro ugbt against such.offlcter or auplayee by another public officer, person or aoployee unless such officer or es*Wyee requests a public bearing. The Legislative body also W exclude frM WW such public or private sseeeting, a3uring the examination of a wi,tneas, wW or sail: other witnesses in the matter being investig%W4 by the legislativ: body. hind this Charter shall be construed. to prevent board, cowlesion, cammi t�'ee or o other body ore"xi`zed wzl overated vats xatioa ae da- i d inSection JR52 from•uu eaoectt ve nessiozo to consider a matters ef- fasetw national sseeurit- or b e a intment`gW2M=Mt, err d3 smi"Aal of , aiYleer or ems rtee or to bees c laints or char es raz at such officer Or mloyee banOther ofi'icar, rsan- or- empigpo un1pno Bauch officer or MMTPtome rCQUests s 14c bearing. Enid body also my exclude from 8ME sac b c or li- ra a !meting, during the exanirlat on of a witnes a a>zr or other witnesses n the matter�in$�n*,resrti�ted by flu legi.a]a ivc�.�off. �� 54958. The pmrissions of this chapter shall apply to true legislative body of every, lccrl agency notwithsttandtng the conflicting provisions of any other saute law. 14959. Each member of a lesgfalative b2& who attends & meet of such legis- ,1aattive b- w$ere actiou Is taken In violation Of EEovlslon 'of thin eba ter with otledge oft fact that the meeting is in violation thereof, i of Rd�asaema;anor. Argr iatereated Maw mar c=mence an action either by msandwatin or in- Nnction for the purpose of stopping or preveming violations or threatened ovi _ a Fuepter By me rs -3r W715gloiative or s IBM agency. :� ,� :$�' ,'>t' Y ►+YS+E?i> l:�Cl!'A�1 iYat.tars 4-2 3+ r' fti= P633'. !' Glt .3.'S' 71 6i _.i. T pad?A*is ' �ts�lt stye IFftw L-TA3=x &,.- .-*npe 24ilirs2A'ch-the Hinith ".Safety Code 3e*-- tio; ri:vlatc rise#OVOW 'si in,js 'Ibe ccw=rxd ViY tt,statzmMt In D.ss i r.Ursir w ?NAL"i'Si5 582. S89.590 (1946),'to the-after tb= ►he rsle of no -pz1viLS-- --=;tries -io r=- � lms&s sa i;--eklar.t. the stature in qu=ion authn:ixs the rnnrml of"t of rrar rfrib nil by-lrw'ao-A".AJJ41 fn oche Helier )i-tr:t rn.*y F,• rx::.:'r s-,'arcr_:ti,e 6e Ny Ate.-- Air lr cult:---- G=,rcd District to,requIre try penal: sub'fett to the Of tft%UA.-kxr4►a%iA od+t tffe'tt�•o�etiapr rno�se:r aj t►X0%tk -&f i6a ohs keA btxtrcl to xibmit "such inforrrnttion of analyxts as will :hbt rrfaruwuW of vWiAr sir jM-,;6d-' 3;5' U:S .: 17. Uri!i%: S*--r-- diek-w: the tss•-u:e, merit. gt.xtity, of deg!--e of air cca-smlilwas whicis are or r. -Mw�y, 31?US 10O,125 (1941) -t'ai Asotttd: a:uy-4 dr4t..'`-r ra by v ch ao-r1m:' "--Moe . . . Cattg Ij z.-T require pn-Jucti n fc itu Car_t- cdx;t- I 1n ti a e:-t:c c4 wilful refur:l o (allure to furnith triftxtr:at',o n or :twines, serer to conform m dime cmdlticm (warm iwd i:o•=), it mar rc or if a buttel ot'dm mk or r,-gv st`Cr: is being vio?zm-d, ii,e coarml officer is quite dw eDpLwer, a-, a 7DCi u of e:iffneing the vclM !:Tv, to hz,-T, 'i ;vgttired to taocif+y the h-srsR b etni anti requo3t a public h:iting. Heskh It W. record sl'.awing whttlarr lrr has in:act cotnpiiad att1:it."3 i5 U-S rt: 3; iL Co,k 24362.5. (All wcdcn it heir "err to the Health mu. Safety Cr,t3e.) •12. Syr &Iso,Ro'-rarr.v. UmiW St-wr, 138 F. 3a: yid (1543.. 1i die Scaring bouil Ends tr:v violation of law,order, or nil-, it may issue an 'Pak doc-, ir-: has been uritvemilly mognizr:I he inpl crier:s. fir`•- '•fr?-e t- txdw fnr rbaremznr-Sn.24363.Viristion of diz order is_Rmunds fat a nr:kv-_edins mice, Eividrtxr 134 419:4), S Wigmxt, fividctrr-- 3 27V(c) c"LA:"u htnn for injnaaian in sugcriut L n=- Sec. 24368 . rev. ed. 1-%I): it is ocr conclu:ian that urni`r the circturs:All:M autlinrd,the privilege egtinst "if test iaaitsbliltp of rcor,it lea by rrivare ittdivi:ioA; :s sclf-iacruninaritm r»ar�: b•_ iavtA-zd 1,y indivi.l=ls requiral (ci submit inforwat- ably noccnAN to eltt fulfillsawrir of a prurir Fm•nncnrit pd:r�, r,, tirc. rt snslyw tender section 2-1363A. Aithnugh :his privilet c, conferred in vi:- regniring xuct: rrc=&to be"and to be mile avail,I4c fr. ir.tr l:•�r rump; id=r;cl rtm.3 by tt!�.-f_-?[ al anti grate ct-m.titutit+tis d U.S Cunt.orncrd.V. are YaW aad the ttcortb city t c mni in c:i.4n r .'i-win - Cat. Cma art. 1. - 1.), his been iinl the California d�rtts to Cases ahre i itr the ftcrt'hat 7. � •tFF by ^ "sr �7 i!iair.:tn:t-h'usti' Ir(._sr Sri, t1w ingrsries rrjde carpel kaz: men-a--lly to an n.ljrulica-ina itx cunte npt, as is We believe chit the domine u aurline= above wo:?d be r;:;: -.i tlx t ib?e tsrn'. (Ise rr j!Sl*r, 17•1 Cal. App. Zd 535 ;145d))), it x;+patrs $lit the Califacnia amrrs to cphold the quesrinn:+i rd-ctuirrt*cis 5re vj-,L:-�:^s. Sri•-::r &xtriac ci mgttsred ptirrm recoils applies aril valil:scs the requiren=ts of the Cow:, 178 U.3C,4 (19113);Qri!•in,Cxlif,xnia Evil-rr. +, 516: s!`cr*at "12s: st(ut-privileged required tru,r.is chlictritir .p P ar•i :., lr ^- hi+ :;ectritag l.z, 't�xn exp:crratl in cla.•.it tiring in the cn�r of SbsCi�o v. plirble to the aim= intiumcrabl,: zmnitory re6-ui2-iurs rr;siri.,_3 r?c Us•ed 4'Wes. 335 U.S. 1 (19y8), wh�Lre it u.ss urinirl that tl:e privilege ezoi.ed filing or disclosure of girds to re6idAVxp Agts:cies," rise p"ixaioo of record.+ required uruler the fe.?cr-al price con,rol Ltwns. There it eras hc!d tfsr the So-m-nromr could co stitutionall; tequire the 1;-epmg of records See aiso, LIt:.Bainc. Calirw::v► Evir act Manual § 125 (I Ni). 'I.J. J'•'.::+va v. and their ptoauctinta ever though they mioir t� :isr-d3 in criminal pror.cutitwo. 01;:d SWAr,rc;fira, at 63 (dissenting opinion). co knS as their ssbj--a ruttcr w'Ls an sppraprsitr master for gf.tVcrnmc-ntal regu- . "It e'np be assitr•c-d :t the mitset th..r then: are limits which t:.t ":a csnt eunuitur-ovally erred itt r.gttiring the keeping of Opinion NoC;•i")--`�eptcr.+:,rr 2 i• 1Gd�i tno 1re0eet&v,liith stay be iftsrxred by ar, administ:stirr agcocy and tray be i+i,iita,Va: SLC4Xr ?AEE'I%'G LAW--With etcentirx:s rioi..t :E r-,cstt:;,s ri used la prove -ing s: y scutu vioUticna ax mitted by the r-cord-keeper city caries-- sirfti:t city uwu rr, Asaxwr cuy tieanar x, ci.• Mi nridE But no st;icus m;;,3iYinS thu thw bound9 hAvc bcvn racy- plsats"duct= tut wb}xt.ua I►rovisiais of, an.3 Pull.' -',riL.ir,i t+, tx`it amed i;�appear ro l.+e evoked when there is a sufficietir rely:inn Ix- of retain.- laid rigt s to t"=id even if no "uctim" u�rurtf�lr.e-:!. 'ttvtsait:the=:dvitlr snxkqtit sa be reguhted and the public concern set,that '*Crafte.mme :Case. cowitutirmlly regulate or fo.-bW the basic aaivin, ' SENATUA, 2Ot15 DISTRRCT it &Ad.cu Cocxssitutionwp manly the l:cel+ing Ci Padculat ree- Ot>l�bT2 STANUTA' M OW. Anon,•-y Ciericral ►.�Q to impeMon by dw Alrinimamr." 335 US.at 37. RLCbatJ L MA D*ut, "> >>i,�Jkq*v,rw.d*tart pah=d am tbat secs requim The >rlortorab6e Wan Shads.Sc fe. the -t� t,�rJt. ?bQ aim In ft mp!stio i 31 liiytiat --tale,,5rch mks, fora ration n� 'rv,•eritictl: Di....a, 1 's�bt•!' rigs•:. an opuicn oa pi p' the iL-lF.'t 1f. lirvwn .�c: - r.0 ?1 � j B E S T Pyo T ociz A P 11` j R.L`H' 11 DID" 0 D U C T 10 POSSIBLt, DUE ro AG'AP--, AiJD CONDITfCi OF ORIGINAL. P,OCUNIENTS ;100 �_ J 00 01 0 01 00 do S(Tl � .�•f ! � - ���=,- �'�1:..isa�..�� �1��:l�.j^=n'� !:� "n, f •^✓ram� r � , ' - .3"ram" C�., 7�.�..',�L�i���.A�a,•I.9����Mf `•.�.j �o '-"'�Y.� tµ�.•1 �, r.', �Ml�i.f��y-�ZYC1��iT^Q.��. .: +� ,,Y,i�•.. In buc er. cr' ;. ;y '4*%=&ceig rzd� t R cam, ' -..::a � :�ira��'.s.Wltt:..tasiee,fttt4lfa t :�'•.: . :3�cps err: t3sis sae:mac oec? ,�t •� '�r�it'�i fs rlG tlss . ,{ (k� is.s ..i s noa� Ftt tt:t crtri , t:a)tx�:tiu d a�ciry ==2 s:i� ir�ax of sie' its t .: erg tt .�j Ear Ott er :•:- &a dt w`��-^,�'r� �, � Md. � C:�...= Qom' --ibj:-.t. to &.c 4� �•t��..0��3�3 � ,. mOCiC y i.�xL^r :Tf.•L-s?elgdh IL Brown '.— 11c Ix;bitc hrs the ::ght to '11m peor16 •W tbb�dates YW dmi,:tat~•s:?�t7 to tL--a+is. �c d uud attendance st =ch memi,t►gs isr sg-mix c:_` nor_- t.':: in'iviciusl tin maid: xtre Z't�.'F1`" peoo!t, in d:kgsti;3 cuthory, do era 9W =rbas si ct-.:�cil ir.r:nd or do trot latent m take"sct=7 at.:.tclt gatherings. titex p IUC sc ab tht.tight to dtxize what is good for the rwil-'a to ANALYSIS l..aasr and what L-,tnt good for then to knar:.'IN-- Irropk imi= an te- =iaing infoc-m d so t iv t'-t mns xt^.an mr.t.-ol oret t!g ir:'aume= Ottr opinion has been mqur_•trd crxhaoming the sp,lication of the Ralph bi. cthey}ave ct—,-ted: &toga Act (otherwise kazs u the Secret Meeting Law, Gov. Code a§ 54950 sets, andl he-"dnafmy trim. to as the Acr or&c Brown fig) to the following Governmert Ca-i.: stcrion 54953 ;t•ovid:z a follow:: actuation: `Ml tn.--^ip of the legislative body of a loctl agmcy shall he o*-n "ITS at kas", the past l2 vests, it has been the practice of the Lodi and p;,hlit, en i aII r rats shall be pe:tnitt�i toartati gap tnfeting of City Couthdl, wgtthrr with the City Manager, Assistant Cry Manager, the ter." �oe ve bacp of a lam:agetzc7,c>regt o•.he:t^ise r osided is tla Ctry As=Dey :rd ag Director to gtther 30 minutes prior to the d'ap e- ,led aa^a public mm(irg in the City Mzfup�i can- (All s.:•ticm references arc to doe Government Cain!.) fe.-ence chambers (a small noon adio-alnP thet City Com-il Chart- In 1958 this oar_ in 32 Or;& Cal. etrrr. earl 240 held char the previsions bcrs). This gsthaing lha:• been for the purpose of fikcussing (i) per- of sectioa 54953 apply m all meetings of the legislative bta`r of a local ag;cr•} soon-el problems, (2) current litigacixl� (3) placement cif items on the and that choir reyui:anrnr could not be avai3ed by the use of devices vich a: agetxis x!tich came to the -trention of the City Manager after the for- a commince of the nhole cr "aon-meedr-p�" heed un'rer the guise of a vtriery al trd agenda hid been mailed, (4) mrtmrs of real properry n^gotiation in names such as execurive ses:ont, work sr-ssiow, study tessiaw, briefing osier, which the City of Lodi currently was involves?,and (5) a general review fir the incsrasingly popular brt-jkfasr, luncheon c.r dint- _micas& The opinir-n of the formal agenda for the purpose of providing information to the quoted from the report of the Assembly Interim Cotntnimr on Judiciary wl=c Cry Council met bee study lad to the pw.,w of the Secret. Itiecting Liw. This study indicated thh.t the "7 he regular rneeangs of the City Caancil are provided by ordi- hddirtg of such"stop-meetings consdrited.a loophole in hlt=esi::ing !caw threugh nanre. The ao-called briefing us.•.iotu' wise ale held prior to special and which gorertzmcnal bodies have been secretly mt-ting and transacting busiaas. adjourned public mrxings of the Cr.Y Council.A-no time has any formal The tt port pointed out chat "W r gatherings such as these, delibetatitass and tmtice of the'briefing sessions lice^ made to the public nor members of datrminations regarding mutters areczing the public (azel made. The subsecricost. of the City Council.The press (two newspapers of :;metal distributirn) public meetings {arse al •mnc!=y. a tsar` fmmaliry t,zd a repetition of =atteri has b*en invited to artend the 'briefing semiora' but seldom does. The heady Sledded in the pre-isnblic meetings" Qucterd from 32 Orbs, Cal. Any.Cem dm to t;.e tmshfereaet room,slthcufh no-locked,is always closed daring at 243. As a molt of this report, section 54950 stares, "It is the intent of the t•r'briefing sessions.' k v that their actions be taken openly ,veal sbai Ikeir dclibersrioru bK comiucled "Ite= 13 and 15, abase, u_na!ty are rgtsted during the public may" ( ,,.. adder) mtcedng;. Item 11. 92, ud 14 usui ly are disawu d sufficiently so that IDLER V. CITY COUNCIL the Mr b nsgc a obit to revel an understanding of tone viewpoint In 1960,in tent only appel1aw arc dealing with the Bmwa Aa,the IJistrItt • of the Cary Canon telling the involved i55'1t I do not rtcall that try. Coutt of Appeal in �► v, Ciry• Ceorcil, IS4 CaL AM 23 763, he!4 two rise forrmal tte•�n I=bona mkcn dut' tlhese baiefha scmioas.' It is a fag 8 ustrncit did not splslp *.o aaptiti�.g 1t t3taa a :tarmttl meeting of : city t�ooat Aaoati�,and eta ttttlmisswn of the City M.PmSer, that the City Council dim La banned on the raahing of a decision during cites, 'briefing cc osw. a dty's tall s)sditt;tt . . . �ocis.' It is fr' +w� to say or not any individual City I%t oom gas ferric thug--u=.. t..valTm of t.W3 coed,:eioq r C seh, saeca scored a ckcissan is his yam mind on t. 1 t 3�e tasoesit� io+olt�a3 of a pittst:ia$axiom A~ �tII3_� {'� MA thLP e t'�Yt WU DWA l lP. b� b= WN PZ*.A*JiW ,.,I }f •il *•�3 �• ' - L�T+s/��r • �T�C}� br77�Ri V���^Y� 1•� .jii} T• 7 '•�.`! - •.�t,' i,. � - �� �-- ' .T� mot. ..�`: .. : ei �aa i[3 g +�`�t+a it tad tler- frsr '1*•aak2tt tsma �, "As asei-fa th r , 'a Jon tAms!,Mwt9Nr` •fin cat-P*k*10�'sf i1Ws c.-+wrtii ebar to i. e adliioef sit by s tsta;tettF of tKa =r.. bt at III" �"Min bad bsd'o- la the Lt -s (A.13. 21PIE) toad lam-failed coenmitwAt or potot� by v maootity'6'f tbW nwmbrsfl>rti#t'�btbti0l�.!X potrti�i=' eF:crtls '? taetl- r it appeo'aecl the ra�dtwion d pfamiag tat . holy to snake a poaiemv a a c��iar aakioa, at*.isa?i?+apbD* t, r3 f lea"Ommal foe napoo itsw cbserrea tha 't:st noted nwatt for Majority of the anus of z 1100nevi N.Ma Cnmraiaoirxts is that dwy a,Y CWy adVisot:*, haw no kgwk the cc entity,upon a ry M k t,paopxal,sgsolr tut,aeiet cc 60tta"60?,. pcsr .*!Mere 0ay4o rag he crapkt Jkv. S&rdcJ at arermled by the and the*dL-,Kim of staion 54959 which p wvits+a a-4 fblbwe : garemitS�;'" IM CPL AM 24 as 772. "Pith mrur=dter t,f a lcgislar.ve body taht? atttYnds t rfleetitsg oaf W V wort p dvWd au ohm after the infnraW dinner meetings d the such 14s6tire body rrdrec action is taken in violation of any prorisitu planing asiats, 'tTmftdly public tntetiW -ftft held by the City Council of this charter,with kno-dodgy of the rut that the mecring is in'vida• which "kil tmpliad u-kh dat mass of the (Dimm) act" Thus, said the ctr n. tiun thereof, is faulty of a Mnisicfly tnor." no barns urns dune by rdr Informal meetings 1:1 a planning Tors mi nion which was a paw*ad►isxy body in sap event. 184 Cad.App. 2d at 775. 1 'at specifically rtpeditud :he portion of the A l r buisim whick held f C Tor tour assert.-.! tat h go ernmenr cold net operstr if thr xatute were t4ot the act w•ss not an!*nt to apply to Planning amMmissiow of vdxr beaks of IvAxpsexl ao as to *Wy to informal nreemigs. The court stated chat "(t3he kn "advivory" narum. The LegiAsrure spscificaily bro+ght within tkr,dainidwa of marnbes of site a issica and the city erruncii (whether the full the tetra "legislative body," acid thus within the applimci n nt the Mtowa Act, Pita$ mt ry "Fdaraiag cotmtsaaicons, libnrg brands, reerearir„± oorrntiss+oac and abet per- uumber a only two or tltMtr mcMrbers) would be impeded is crtndtrcring infotatal mmoent bauda er eorarnitmiom of a lmrd agency." 2. diwuasions among*mmsdvo,thus mch=;z.n information,would be handicappedf, toy." Sec 5b95�5,r e 4e iz &rats. is vir+rtirtg pxvperty apart which they rrtre aborsc to Iegfslatc, mould be unable �961, eh iC�7F, p, 101,37. In arldiciost, tlr_ icgiekterrc added an ere �icsat of 1 to ttxtfer with real G:atr crperts or with their plaasting director or vilTtt inftntned •'lafpi:alric•e hoof=�'aay board, crntnrrxi�srun, committee, or other );� oa whirl: indivOualt h" special qualif�triona to speslt upon municipal problems." 184 r�t&cen of u leczl ago icy .c-ve is their oibcis! :ap>+tciq as asrsrbers sttd Rlzidt it supported in wl ok of is peat by funds pxc-ided by such 10p icy, wbetber itch i Gal. App. 2d at 170.77 F. The court scared mtxft of its ans;rsis on the decision , , hw•d. cummission, commirter or ocher b�l ec ,.nizt,2 aaa sudi of tht-Fi:xida Suprtmc Cam is Turk v. Rk,'%vd,47 So 2d 543 (11310). wherein ti_- 1oCel agency or by a private cnrpucarian;' See. 54952, as amended 4e 19G1, tdx Morida cmn held Thu thresc could be no "mecring" unless the membtts of the wand "fonmildy coax tosethes, In the manner required by law. for the 6. 1671, p. 3637. p,ttpebe of joint dixtwicn, decision and action with respeer to municipel ef- 3. It inade atsndAmus and injunction avai6hIc-to ell i:: ..sited t,r :-ts fee the Felts . . . :'For,said the Florida court, "the unofficial 2givetnents of all or a jtrt purpose of enabling th,: i stop ur prevent viofatioru or tht=tc=.{ vioLwioc a of the ntoembers of the coundl are ine6ectual " without binding farce." 47 So. of the act.Sec.54960.as `: i by Stan. 1961.ch. 1671, p. 363S. 2d it 544. Adopxing this nan+oer intc.-ptet cion of the world "meering," the Dis• 4. It dtfim-d t!v a 'xrion taken" end provided a -Timind pe+sky lot trim Enorrr to !lpp=ls in Moller said dear the only inec ings referred no in the knowing conduct in violation rims-of by rtterrtbers of a legblrtiv't body. Sew. Q n Act ere'•.formal awemahples of the council sitting w a joint delt'bemtivt 54952.6 and 54954. u vvetr rtgWrcd ox --utl miwd by lap to be held :rr the transrctioxn of 5. It made clot that t5e lam was intenck•td to apply to chartered cities.as vie' 0 .1 nssetsriaal businot.'" an gszttral last cities,by atntadiag section 54951. MUS MM bBCL'%ON AND THE 1961 LLGISLA771AE THE EFFWT OF NOT AMENDING SEMON 54M rat the l gislative sessions immediately following the Adler terse, tb-- Ugis- In the me-asure which fnitiaL+y embodied most of the sugg_sted ehtnges (A.D. !am=ew=d want' amerOxxots to the Paown Ace plainly destgtxti to cot nr_ran 127) vras a prop ted amendment to section 59453 which Lhen provider}u toliars: srA ovcawtte this ana outer upem of the decis:cm in Adler v. City Carnal. TL-t r -All meetings of the legislative body of a local sgwcy :!tall be !961 S alon•(�j Chsrtr ILM NtadeaM the scope mad appiirstim of dw upen and public,acid all persons shall be permitted to an-ui d:n) ncretinp is*C¢ ways: of the iegislstivr body of a local :Sency,except as o6erwr se pti"� in t aWr timpprw arpta coign Axis erupt " -� 1!' r � �tdlsr's rC�•irtivt io top dray word tsMr14K b; +tapog-xiaiog UUt ctiasinelly pcohlbkv4 1r;Wxrive eaior. mny be TIM geapetrrod*Ayaftd�t watuld Ira+!ScIA 3 a*f+a-mid karma: �3dsti qrr c-!E 6`t fid far shori*or tlse 01(otma, xwemb680 of the enMmcil "Mcaings shall Lv opca r:+ea if hcfd.solar im.cbe parp own,vd dimes irf':al .'" 7hk.v1sa lmade.cftwt wlaea the Taginkture r. > sion," too marina b to be taken or no dachioes is.to be twat'=*A&-- t ar` - Pfttldls-ft dimes: •&IGL' Mader oot imcrat ere Ao bdof "4i'd section 54953 had prcrio my ben Later- 1be st MANSait,>Itt— ia6waa 'ba}. 3 atl'i11t .a within the term"met iags"Sae 27 Clops.Cel. '� aidr Amu rlttg dw A44V ere eat ebr 1wat3 sew ttttll ilr La" tn- Any. Ciis•L's� ' 9,?'see trleo 32 Op:- Cal. Atty. Get. 240, (1956); 33 Qpt• I14ed the of the ' , Ar.;:Get 3' :360gu.Cal. Att4.Gen. 175 (1960);1'cfanisr v.Seau'r It .lfruier.lax C�o�ts::.Na E�63318.Bit tee, tunry v.Cia1►of Rislio. � s�by�� �•� "Gi z}z. whiei�'�r3optidlo�b'�tset�ds�wt else 1 eoi etasbttcisr t3a FA of secret, San 9ecaudWaSapmkir G=Na..97481; xc also Opinioc of Legislative Cotrnxi meeti�£os'`di:ct 4M tech l4bm dbw- er 1400 -a ke rank IxckrL No. 811, lanuuy 6, 1956. These interpretations had We believe tlta: theta: is link, if any, Iefc to r4silrr s. C:salvrr CahrJ. txcn placed in tat fit by the deci iun in the Adler case The prrFosni �xndment Coatratr to Aden, the k* WW's�alfial}f RpFIies M chaster :Luaus. Corbin to to senior-54953 nos t Ow_ ' from the Lied a:the first of several corn-nittee hear-xgs A kr,tS-- }m ww spccitiialff apTUm to ,tdvi"7 boards ych as ptatz=4 eem- hel.1 m the mess;.There is no 1-g dative record indicating the reascm for this raissic:u. Cmtrazy to Adler;the Im now its x m h sec vth:th a 'lctina. (AlthmusA tt.-•langtta-was formally drietcd by action of the A�crttbiy, ma rl-VIX corm of � b� e j�7 legisLtmY �T a&sce rut agree to spree. in tot ,,rr pimge of sudb mcrsrrd committer a mer.dmenrs pursttanr to a committee rec- light of these 196; ametitl=nts to the Drown Am vte have subsmmial doubts owirtenduion m":mend and re•refer to tare Cotnmictm" (Assembly Jotun:d, 1961, whether a Calif=ia,cmin would prrsisr in mainaeitting f cite Vol. 1. p. 1109) is rwogai:ed to he a perfunctory act chat t_-annot progeny br ma;tbers of x loctf i-gisLuise body, without c�attp!jittg unto the ratnte gloat a majority o the it:tcrrrrtetl as eticlCttciag any Lector an the port of the Assembly as a whole in 'av sacs:axrs 54953, 349S3.i, 5495A, S•€9?� and S495c+) could ttes•crrhe- rhr %*rY=ntce of substoaene legislative action on the t.trr''- ular provision.) After .pecFto..'' t sc:tral atrtudmcnts in:+oth the Assembly and the Scnatr the Lila,al:haugdt ra,sttil Its mecr together in a so-calkd "informal," "study," "disettssiva." inrnrniariortal," t,<xh Itatsses was rr:ocd b, bthe Governor. See the Grrtrnttrs Vert) "face noting" of "rte_rnur�cil" gathering for :he avowecd pGsrctse of tliscu;.tirg by ! ctoncernir. A.$. 177, Itsarsrt� Daily trnttnal,'tlar H. l,kil, •. 3.130. arenas of �ttsi importsttcc irrespective of whether the individual mani�era of S F Y s I rf:e Iegishtirt• body inte.•td ur do not intend to tale ":crion at such a gathering. After the vcto of A.B. 127 all of the provisions of that bill, except for that We suggest that the adaixion of -vaians 549;2.6 and 54959 Riffo-Y ra negate:m portit4n o bi:vteci rn by Gmcrnor Brown--sutneiv, the pmvision making, void any such holding. y accuser mk-n at nota•lrublic meetings.---wo-rc inserted i:y amendment into A.B. 363 and were then msxA by the Lcgisiantre and si,ncd by the Governor. Star; THE SIGHT TO NOTICE A.�iD ATTENDANCE AT i1fEETTNGS t5 , 1961,cf. 1671. NOT DEPENDENT ON WHMFR "ACTION" tS T.1FM'_I It has been contended Ont the failure of t'.ar 1961 Lerislintrr m include dis- The plutice"action riLen" is defined for Furj+cua of the act in %ectioo 34952A ci,mion sessions within the definition of the word "meetings' cnnsritu:es, in effect. (quoted abene). the o:ly other reference tut the phr'se "action r.:I:cn" incurs in �-an aLrtrttutme authorization for cities' and x1triticy agc ics to bar thr rress and section 5-1939 which provides as follows: ublic h-nett meeting-4 held for discussion and inforrwtion auraoses. "E,eh mrm}:er of a legislative body who attends .t ravetenF ryf such Inttrpreting ;rimers on tltt basis of shag the Leghlartte did nh •lo is a icsisdative 6MY where scion k taken in violation of any rro%hion of hazardous vtnrure at best. Sr genct-lay "Pic Eficcr tm Unsucc-ssfuI Attempt to this chapter,with knawleddr a of the fret that the meetine, is in violation Amend a Statute," 44 Corn:!! I.'. 336 f 19541. it is a met!,od of !.Mrumq con- thtrcof,is guilty of a misdemcanor."Added Stan. 1961,cat. 1571. P. 3638. strucrion tmm-d to only whtri statutor) language is xrnbiquous. See, e. g.. People These provisions with r-peet to "action taken" rel:itr only cet the inn,9tit;-an v. l:arcwles, 35 Cal.2d 175,cm &n. 340 US. S79 In Rr Rym'r F:stwe• of criminal pciu!ties on members t f Iezislatite bodice I"l,ey 2I Cal.2d 498 (!943); Copirwr of L•or.4rgrtv:.. Fr:rlie. .9 OxI. 2d Gad (t912). are ATAM.•e and dis- ' As previously indicated, syttion 54993 provided thar all anoints of tare lccisL- rincr from thoac provisions of the Secret Rfe-,ing Law that givc to the ogle the eve bodF of a '.cxnl aecnq shill be open ;.ad public except as otherwise provided ribht het rtcttice of an attendance at all nxrtings t�i the Iegis:arive body of --very :n this chttx:^ (=".ustely, in she:itxt 5495: relating to t-cetutive stm-zitms for Per. local agerwT. Thee me di3tinc; from nation 54960 ..h:ch gives :o any intcrtNz3 eottttet tttatttts). The term "•11 mcmings" was previously inrr.-pre.ed as encatn• perum The legal audinrity to stop or pros+ viol irions or rhrmtencd viol..tioas of •passing m sex thaw just mcetiogs at winch formal action was talcum. There is no the stsnttz These"The ri r,am L-c&- u need to ttftt to Feg;stst3re histthsy ".?,.n .he statutory largttage is tear. � �� l� thos::racutta iatpoatin� �itaittal liabil;ty on agency m;abcn 'Dtcy rest:rt the prcvisicxte of won%53 zrd trAr. bin wards and tt=ieg of a stasure=snot be overcome by a legislative Kisco , Wrrd and enf�rl Rliit3;tbttix4h pwoenat cf dcduction fray events of wholly smbigsous t thran h ttsastaamus and injunction as sec fto+Rh fix atxcii tistd�=zy�trecs�i�dsrLiaas�r for inferm:e in �G7'dirratiat'"Ex P.rr: S aO crhi t ptmi : sad.wmicrotu cam therein cited adhering m this � "Any unc ested pew ma m�oe ea&aim at3rC► Y by y _ _csme W Al M in I 'al'b is pKtkulsrly true whm-it is mcarnixcl that all of tubs or inju Tiod for the purpose or �,,kAom:- 8 tx Ixn'es+f�oj; �. ' '� ' . - ��+�'v's� {vault �i: ss>gtlt+�lt�et >`� �� v�'!A+►ti'�'�Mi � •t i:9eitt or lr t>� Or.this cnpd B, c*&bm r,; the It sis'tc.'frr Qgistiwt NC-L 63-157.--4%�oo"24 19fs3• 'fib' ' ►' gVll} !`:VET'mA1o1`S'T'AX —:weli�a'sh��auY.ced ccarribu&6 A 4v_ta:�eat i!!a Ma.-vud Law Review snide entitled -Opea Meeting Legisla. to Swe Tr=b rs' Re,-ire or Srmm nac prema rJut of futum rctitrt rive: s"'r+s Fitts +cost t#st'ali;hr t Q Itinc ;" !9ti2),plainly tittdines cite p:vl� :horsld Lti included i:t nE .rnlue of pFaperty awned foe PW-K s d. lem*irnak 'tiro*iac?rt sla:ion be in. red so as m r st:c.-er meet p,rovidc3 t � rakers. 'rPrc 1?a Raul d bet .S.SaI�lATOR 25th D15TAICr staruan seem to pc_-sar public offi.;i-h with an Optni°Rbn STANLEY bf03t, At nay Genets! iavixsdm to L--rare the purpor underlying open ri_ering ltws; the Edward P.Helllrgshead,Derxy body seas S ra fuL cansidertix. to passible courses of action behind The Honarsble Frcd c Farr, Starr Sena:ot fa- XiDatercy County, has re` closed dow and then convene in public simply to take iormal action cm qucancel in opinion on the follovieg questio& decisiw.i aetesdy mid.c.A H. it is difficult to sec how ch:courn c^,uld pm Is the interest of a tcec:... in the Se.to '1'rrlter •., ecircrr:esst S)scun to be Ar wen:such evtsion without res=-,ig t;s arh;trary distinctioru bcm.cca these ctxuicderea in determining wh.-ther a ceurart, or his wife, owmc property of the " rsccutire =win:s contrmpl:ra? by et:- legNtatttre and those which oaf- value of 35POO or taoxt, within dhe mcauing of section I?s, article XUI, t)f tine trarctr th`-_a.tes policy if not ice literal terms. In leaving ixtbiic offo- Constitution of California, which pr.wi.Im (cc th- veterans' exemption freest cirls with bro3 diser-tion to .lcci t when their dditacrations shall be nmpmy tasation? kr;c xrtt, thc> statutes give _rlutnr• rccugnition to cite vri-le%irability ,A per ludir.g oiEcisls from err mccring gri-=!y to gather infthrnati[xr The cestclusinn is: or c—►-y on pr.-liminary cu nulratil ens, but they f.til to enure the public Neither the teathrr'; team accumulated contributirns nor the p-tsenc -.:fur an open err.ing in whirl, :1: :t:iciafs conduct full '.iwt:ssiont of the or his future rctir meat allowance, shai! be considered in doernining whether n hates, rrz_*cr any dif.crencei. an.l coerce ret a cu cluiinn:' 75 Haty. L ve:•_ran, or his wife, on:ns property cf the value of 350W rr more, for lrtrmres Rev. at 12.0 of the veterans' r xmnpt;-n Fruvistrd by scxrion 14i. article M11, of the Cnnsti- turion of Ca'.iior:tia. We and run ,naturer auttxtrity for excrpr;-g '%iffermal" szs ions from the �lv+itcuior of th.Suet M-rtiq¢I zw.Sccriun 5.050 protri,9es now,as it (!id P for ANALYSIS to i?r•,Ora`che r oi,:r,in delegating au:hurity,Jo nuc give :he;- public:,--n,.tnrs ArricIe YIII, cction 1!i,uf the Constitution of('-dif'ornie insofar •,; is is rcle- ciic right to decit!e what is}sal for :ltr pry; r r) know ut l what is not gtwd foe Vint to thin iveblem provides: rbc-m to know."he sratutr still I:tm•ttict "it is rice inrcnt of ti:e law that their '. . ::is crernpcion shalt rot apply to an)- person natned herd:, owning actions be raken openly an,l that their dclilvratiun. tx condticzed oNnly:' groper:y of the value of five thousand dol!ars !$%OM) tr more,or wlu:rt ' The right of ttx.rcple to itar^nonce,of an.i -o--,read all mc•e-tings of a 1k:1 t'.te wife of ;uch;,tidier e;r sailor owns prrrerty of the vale: of fits rhnu- encp and thus iroep infassml as ;o the ,i4id f r of:he m.mbers ei tht lcbisbfivr sa,u} dcilart 05,W) or trim . . ',A-ir of a local sgerr; is not Icpcndctit ulu,n the fact d.t the mrmix.-3 of that Ai.ic a XIII, action 1, starts &.a-: body do of do nor iti=d to take"arti;+c" that yard i s d.-Fine l in uttic'n 14952.0. The word property, as urn d s in this article as %m rion, is l:reby Mretiap tips city f—rarr' t il with the city tnnamr, asr '.cant Cirt m.tnare:, city i.rc4ued r irc:ude moneys, t rY . crr<lin, butf•!3, suxlu, cues, franchise and arwritey and plarring diret:nsr for ar;ding sr:s;ons am nibject to rite :xh-r mar,en -nd things, real, pem. ml, And mixed, cai able of private c-p-m meztislg requIrmwnts of the Brown Act unle.t mr sub;etts uncles d+scumiort "WtxTqut, . IR-t]1Yt tins[-ob9t3 Crvt.Zf3T PtL'ttQ the prwitio t. of src.ion 5495' cr. air the rittyect TF.t State Te"ttrs'Retirtmc:+t 3Fstern Law (Sect--tea 13101-14415,Education Of th-fl awrearor petting licigat;rn within r_- narrow ltmirs a- ' fly outlined in Code) pvcivides for a retirement system cover;ng public school teachers ratcl cer. 36 T3pa.Cal.Attg.Gem 175 (1960).:hus ditcu•tion%of the City tAunncil inrniving tain o rt-RT dmignatd individuals w1wxeunder contributions are made by the teacher- the which ate deducted fron his salary (waiveu 14101-1.113�. Edt:catian tftt rlseern�st of Loom or. lift agenda,real pmp<:ry ne,itiatinn, in rho absence r.I Crude). While t-'te teacher who is a memb=r of the system has an inteust in his tryst I tgatioc4 tsC p q•c'rtrt-.t4ttczi litigacien, as wc1! as :lee r;vieov trf t3.: Pccu;nulawA contris+utions, she can not withdraw* these so long us he co utint" formal aEcnda for d=Ytttpose•of inforr;t::t m to the City Cottncil mom- working as P.teadier, nor car:hr.sell hi: interest, discount it.borrow on it. or uic Ltb�_ r.^ri posblit nxtingit n bfec. to c:>r ratttfat teguiccments i i• '� arty other tttanaer (sectim-u 14151.14152. 14251-1420. 14301-14311, Edu- _:lion CrA .) Thrsc 1wovisiom of the Ias► do not permit payment to the teacher Y •